


THE 

KENTUCKY EDUCATIONAL 
COMMISSION 



PRELIMINARY REPORT 



TO THE 



GENERAL ASSEMBLY 



OF THE 



COMMONWEALTH OF KENTUCKY 



Submitted in Accordance With An Act Approved March 1 7, 

1908 



THE KENTUCKY STATE JOURNAL CO. 
FRANKFORT, KY. 



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Glass LB^a^-t.^^ : 

Book ^ite^iVvl 






THE 

KENTUCKY EDUCATIONAL 

COMMISSION 



PRELIMINARY REPORT 



TO THE 



GENERAL ASSEMBLY 



OF THE 



COMMONWEALTH OF KENTUCKY 



Submitted in Accordance With An Act Approved March 1 7, 

1908 



THE KENTUCKY STATE JOURNAL CO. 
FRANKFORT, KY. 






D. or D. 



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o 

1. 



THE KENTUCKY EDUCATIONAL COMMISSION 



Augustus E. Willson, Governor, ex-officio, 
J. G. Crabbe, State Superintendent, Chairman, 
J. J. Watkins, Member of Senate, 
J, H. Jackson, Member of House of Representatives, 
Mrs. Desha Breckinridge, Kentucky Federation of Wom- 
en's Clubs, 

J. K. Patterson, President State University, 

Mrs. R. N. Ro3 k, President Eastern State Normal, 

H. H. Cherry, President Western State Normal, 

F. W. Hinitt, President Central University, 

E. H. Mark, Superintendent Schools, Louisville, 

L. N. Taylor, Superintendent Schools Pulaski county. 

Geo. J. Ramsey, Secretary. 



j'o the Honorable, The General Assembly of the Commonwealth 
of Kentucky: 

The Educational Commission, created by the General As- 
sembly of 1908, was instructed "to make a thorough investi- 
gation of the whole school system and of the educational in- 
terests of Kentucky, and the laws under which the same are 
organized and operated; to make a comparative study of such 
other school systems as may seem advisable, and to submit to 
the next General Assembly a report embracing such sugges- 
tions, recommendations, revisions, additions, corrections and 
f'mendments as the Commission shall deem necessary." 

In conformity with these instructions and as a result of 
its labors, the Commission respectfully submits the following 
Preliminary Report covering additions, corrections and 
amendments to the general school law. 



PROPOSED COMMON SCHOOL LAW 



AKTICLE I. 



Definitions. 

1. For the purposes of this law the following definitions 
shall prevail : 

a. The common school system embraces all schools legally 
entitled to aid from the common school fund. 

b. The public school system embraces all common schools 
and all other educational institutions supported by or receiv- 
ing financial aid. from the State. 

c. The educational system of the State embraces the 
public school system and all other agencies for literary, in- 
dustrial or professional training, operating in and deriving 
any of their powers or privileges from the State. 

d An elementary school is a school whose work is not 
more than equivalent or only partially equivalent to that 
prescribed by the State Board of Education for the first eight 
grades of the common schools. 

e. A secondary or high school is a school maintaining 
a course of study, which begins at the completion of an ele- 
mentary course of eight grades, extends over two, three or 
fcur grades, and is equivalent in content to that prescribed 
liy the State Board of Education for the same periods. 

f . A coUegfe is an institution which requires for admission 
iiot less than three years of high school preparation or its 
equivalent, in addition to a full elementary course. It shall 
maintain a course of four full years of college grade in the 
liberal arts and sciences and adequate equipment for teach- 
ing the same effectively. 

g. A university is an institution which, in addition to 
meeting the requirements for a college, offers facilities for 
f,raduate work in the liberal arts and sciences or maintains one 
or more efficient professional departments. 



ARTICLE II. 



General Provisions. 

1. The administration of the Public School System of 
Kentucky shall be entrusted to the following authorities 
to-wit: A State Board of Education, a State Superintendent 
of Public Instruction, trustees or regents of State educa- 
tional institutions, county superintendents of common schools, 
city, county, and division boards of education, and boards of 
trustees of graded common school districts. 

2. There shall be maintained throughout the State of 
Kentucky a uniform system of common schools in accordance 
■with the Constitution of the State and this chapter. 

3. No school shall be deemed a "common school" within 
the meaning of this chapter, or be entitled to any contribution 
out of the school fund, unless pursuant hereto, the same has 
been taught or is under contract to be taught by a qualified 
teacher for six or more months during the same school year 
in the subd;strict in which it is located; and unless every 
child between the ages of six and twenty years, residing in 
the subdistrict, has had the privilege of attending the school, 
whether contributing to the payment of its expenses or not. 
I'l-ovided, that nothing herein shall prevent any person from 
al tending the common school who has obtained the consent 
c! the trustee and the teachers and paid the required tuition 
fees. 

4. The Attorney General shall be the legal adviser and 
conduct all legal proceedings in behalf of the State Board of 
Education, the Superintendent of Public Instruction, Siate 
educational institutions and the entire public school system, 
except that it shall be the duty of the County Attorney in 
frach county to advise and represent the County Superintend- 
ent and the County Board of Education thereof in any case 
wherein the interests of the common schools of the county are 
involved; and for the duties herein prescribed, neither the 
Attorney General nor the County Attorney shall receive any 
compensation other than the salary attached to his office. 



9 

5. The school year shall begin on the lirst day of July 
and end on the thirtieth of June. 

6. No books or other publications of a sectarian, infidel, 
( r immoral character, shall be used or distributed in any com- 
mon school; nor shall any sectarian, infidel or immoral doc- 
trine be taught therein. 

7. It shall be unlawful for any person, corporation or 
association of persons to maintain or operate any college, 
school or institution where persons of the white and negro 
races are both received as pupils for instruction ; and any 
person or corporation who shall operate or maintain any 
such college, school or institution shall be fined one thousand 
dollars, and any person or corporation who may be convicted 
of violating the provisions of this act, shall be fined one hun- 
dred dollars for each day they may operate said school, 
college or institution after such conviction. 

8. Any instructor who shall teach in any school, college 
or institution where members of said two races are received as 
pupils for instruction shall be guilty of operating and main- 
taining same and fined as provided in the first section hereof. 

9. It shall be unlawful for any white person to attend 
any school or institution where negroes are received as pupils 
or receive instruction, and it shall be unlawful for any negro 
or colored person to attend any school or institution where 
white persons are received as pupils or receive instruction. 
Any person so offending shall be fined fifty dollars for each 
day he attends such institution or school: Provided, That 
tiie provisions of this law shall not apply to any penal insti- 
tution or house of reform. 

10. Nothing in this act shall be construed to prevent any 
private school, college or institution of learning from main- 
taining .?. separate and distinct branch thereof, in a different 
locality^ not less than twenty-five, miles distant, for the educa- 
tion exclusively of one race or color. 



10 



ARTICLE III. 



School Fund. 

1. The school fund shall consist of the fund dedicated by 
the Constitution and laws of this Oommionwealth for the 
purpose of sustaining a system of common schools therein : 
(1) The interest on the bond of the Commonwealth for one 
million three hundred and twenty-seven thousand dollars 
($1,327,000.00) in aid of common schools, at the rate of 6 
per cent, per annum, payable semi-annually on the first day 
of January and July of each year. (2) The dividends on 
seven hundred and thirty-five (now seven hundred and ninety- 
t'ght) shares of the capital stock of the Bank of Kentucky 
representing a par value of seventy-three thousand five hun- 
dred (now seventy -nine thousand eight hundred) dollars 
owned by the State. (3) The interest, at six per cent, per 
araium, on the bond of the Commonwealth for three hundred 
and eighty-one thousand, nine hundred and eighty-six dollars 
and, eight cents ($381,986.08), representing surplus amounts 
due the several counties of the State, and remaining a perpetual 
obligation against the Commonwealth for the benefit of the 
eomm-on schools in these counties. This interest is payable 
annually on the first day of July to the respective counties in 
proTDortion as they are entitled to the same. (4) The interest 
at 6 per cent, per annum, payable semi-annually, on the first 
day of January and July, on. six hundred and six thousand, 
six hundred and forty-one dollars and three cents ($606,641.03), 
received from the United States under an act approved 
March 2, 1891, for which the Commonwealth has executed 
bond, pursuant to an act approved M'arch 12, 1892. (5) The 
annual tax of twenty-six and one-half cents on each one hun- 
dred dollars of value of all real and personal estate and 
corporate franeh'ses directed to be assessed for taxation. (6) 
Such portions of fines, forfeitures and licenses, which may be 
realized by the State, as the amount of taxes for common 
school purposes bears to the whole State tax other than for 
the benefit of the State University. 



11 

2. The foregoing shall constitute the annual resources of 
the school fund of Kentuckj^, and be paid, into the treasury, 
&nd shall not be drawn out or appropriated, except to pay the 
expenses of the State Department of Education of whatever 
character or kind, and in aid of common schools, as provided 
in this chapter. 

3. Except as otherwise expressly provided in this chap- 
ter, no part of the common school fund, or of the revenue 
thereof, shall be used for any other purpose than the pay- 
ment of teachers of common schools, legally qualified and 
employed in pursuance thej-eof. 

4. The Auditor shall keep the accounts in relation to 
this fund. He shall, once in each month, make a transfer to 
the credit of said fund of all receipts into the treasury up 
to the date of such transfer, stating the source of each item. 
He shall allow no expenditures on that account beyond the 
annual revenue of the fund, and shall see that no county draws 
more than its proper proportion. 

5. The net revenue of the fund accruing during each 
school year shall constitute the sum to be distributed. But no 
fees to county judges or clerks, discount on checks, or other 
incidental expenses, shall be paid out of the distributable share 
of the revenue apportioned to any county : but such payment, 
when allowed by the fiiscal court, shall be made out of the 
county levy. 

6. The Superintendent of Public Instruction shall, on 
or before the fifteenth day of July in each year, ascertain 
and estimate for the school year the pro rata share to which 
''ach pupil child will be entitled, according to the whole num- 
ber of such children residing in each county as shown by the 
census returns of the County Superintendent. If, at the time of 
iTiaking such estimate and apportionment, the census returns 
oP the superintendent for any county have not been made to 
him, he shall use the census returns made for the previous 
yoar. It shall be the duty of the Auditor to furnish the Super-^ 
intendent of Public Instruction such data as may be needed 
in making such estimate and apportionment. 

"7. It shall be the duty of the Superintendent of Public 
Instruction, as soon as practicable, to file a copy of said esti-. 
r.-ate and apportionment with the Auditor, and to inform each 
c(unty superintendent of the amount to which his county is 
entitled. Whatever difference may exist between the esti- 
mated and the actual revenue of the school fund for any 
school year shall be taken into the account of the estimate 
and apportionment for the succeeding school year. 

8. When any county in any school year shall have failed 



12 

to use all or any part of the money due it for such school 
year, such county shall be entitled to said money for the next 
school year, which money shall be used either to extend the 
school term or to supplement the salaries of teachers as may 
be determined by the County Board. If said amount, or any 
portion thereof, be not called for after the second school year, 
it shall be covered into the treasury and be placed to the 
credit of the school fund for general apportionment the follow- 
ing school year. , A statement of the second year fund to which 
each county is entitled shall be made out by the Superintendent 
of Public Instruction and filed in his office for reference. 

9. For each school year the Auditor of Public Accounts 
shall, on the successive warrants of the Superintendent of 
Public Instruction, distribute the amount of the school fund 
due each county board and each graded common school dis- 
trict to the respective county superintendents thereof, and the 
amount due each city, organized as one district, to the treasur- 
er of the school board thereof, as follows : On or before the 
first of October, one-sixth of the whole amount; on or before 
the first of November, one-sixth of the whole amount; on or 
before the first of December, two-sixths of the whole 
amount; on or before the first of January, one-sixth of the 
whole amount, and on or before the first of February the 
residue, including the undistributed surplus ; Provided, That 
if on the first day of October, November or December, the 
amount in the treasury to the credit of the school fund be in- 
sufficient to admit of a full distribution of the proportion r-?- 
quired by this act, then the Auditor of Public Accounts shaV, 
upon the successive warrants of the Superintendent of Pubiic 
Instruction, distribute the amount of the school fund ti;en 
on hand proportionately, without reference or pa^iality, to all 
the school districts in the State as heretofore directed, ani 
in no event shall any school district, entitled to participate, 
b-e omitted or excluded in any distribution, or a farther dis- 
tribution be made to any district or districts until all other 
districts have been made equal on any previous distribution 
theiMolore made. 

10. The interest at the rate of six per cent, on the bonded 
surplus in the State Treasury to the credit of the counties shall 
in each county be duly apportioned to the white and colored 
schools of the county on a per capita basis, and be paid as 
provided in the previous section; Provided, That when any 
county heretofore established out of the territory belonging 
to a county or counties having a surplus which has not been 
apportioned among said counties, and when any new count.y 
fshall hereafter be established out of' territory belonging to a 



13 

county or counties having such a surplus, then the Superin- 
tendent of Public Instiuction shall apportion such surplus 
among the original and new counties in an equitable manner. 
11. If a surplus of the dog tax fund remains in the State 
Treasury to the credit of any county after the first of January 
ci any year, when all proper claims for the preceding year 
hnve been allowed, the same shall be transferred to the credit 
0.*: the school fund of such county, in accordance with the 
provisions of chapter 10, section 4, of the Acts of 1906, 



14 



ARTICLE IV. 



STATE BOARD OF EDUCATION. 

General Regulations. 

1. Tile Kentucky State Board of Education shall be a 
body politic and corporate by that name, and shall consist of 
the State Superintendent of Public Instruction and six ex- 
perienced educators selected as follows: 

The Board of Trustees of the State University shall nom- 
inate two from the faculty of that institution, the Boards of 
Kegents of the Eastern and Western Normal Schools shall 
each nominate one from the faculties of their respective in- 
stitutions, and the Kentucky College Association, Incorpo- 
rated, shall nominate two from the faculties of colleges in- 
cluded in its membership. By and with the consent of th? 
Senate, the Governor shall appoint one froiu each of these 
three groups of two eligibles, together with one city superin- 
tendent, one county superintendent and one teacher actually 
engaged in common school work, and these sis appointees, 
r.fter taking the oath required of all State officers, shall con- 
stitute, with the State Superintendent, the Kentucky State 
Board of Education. 

All nominations under this act must be duly attested an i 
delivered to the Governor within ten days after its passage, 
and thereafter on each alternate year within ten days after 
the Senate convenes in regular biennial session. In case of 
failure to nominate on the part of those authorized this power, 
with the same limitations as to eligibility, shall revert to the 
Governor. 

2. At the first meeting of the Board, as thus consti- 
tuted, the six appointed members shall be divided by lot into 
two classes of three members each. The term of office of the 
first class shall be two years, and of the second class four 
years from July 1, 1910. During each regular biennial session 
■of the Senate thereafter, three eligibles shall be chosen as 
hereinbefore provided, to take the place of those whose terms 



15 

will next expire. After the first appointmeut, the terms of all 
iippoiiitecl members of the Board shall be four years or until 
their successors are appointed and qualified, provided they 
continue so long on the list of eligibles. 

3. Any vacancy in the appointive membership of the 
Board occurring when the Senate is not in session, shall be 
filled for the unexpired term by the Governor from eligibles 
selected as herinbefore provided, subject to the approval of 
the Senate when it convenes. 

4. The Superintendent of Bublic Instruction shall be ex- 
ufficio chairman of the Board, and in his absence the members 
I)resent shall elect a chairman pro tempore. 

5. The first clerk to the Superintendent of Public In- 
vstruction shall serve as Secretary of the State Board without 

extra compensation. 

6. Four members of the Board shall constitute a quorum 
for the transaction of business. 

7. Meetings of the Board shall be held upon the call of 
the Chairman or of a majority of its members, provided that 
Gue notice of the time of holding the meetings shall be given to 
ail members. 

8. The office of the Board shall be at the State Depart- 
iTient of Education and its regular meetings shall be held 
there. 

9. A faithful record shall be kept of the proceedings of 
the Board, which shall be signed by the Chairman, or, in his 
absence, by the Chairman pro tempore, and by the Secretary, 
and shall at all times, be open to inspection of persons con- 
cerned. 

10. The six elected members of the State Board shall 
be paid five dollars per day each for days of actual service, 
not exceediag thirty-six days in one year, and their necessary 
traveling expenses. 

Powers and Duties. 

11. The State Board of Education shall have general 
supervision and inspection of the public schools of the State, 
including the educational departments of the State Schools for 
the Deaf and the Blind. 

12. It shall approve the appointment by the State Super- 
intendent of two State School Inspectors, and of such tem- 
porary employees not provided by law as may be actually 
necessary for the efficient conduct of the Department of Edu- 
cation, and shall fix the compensation of these officers and 
employees. 



16 

13. It shall determine the necessary contingent expenses 
o£ the Department of Education, including traveling expenses, 
£,tationery, postage, printing, furniture and other charges ; and 
shall audit the accounts thereof; and when the same are ap- 
proved, shall issue warrants on the Auditor for the payment 
thereof, signed by the presiding officer and the Secretary of 
the Board. 

14. It shall have power to adopt by-laws for its own 
government and to make all needful rules and regulations for 
the management and conduct of the common schools. Such 
rules and regulations when published and distributed, shall 
have the force and effect of law until revised, amended or 
repealed by the General Assembly. 

15. It shall provide for the preparation of questions for 
the examination of teachers and pupils in the common schools ; 
shall approve such questions before they are promulgated, and 
shall prescribe such rules and regulations as may be necessary 
to carry into effect the provisions of the law in regard to the 
certification of teachers and pupils. 

16. It shall have power to appoint a sufficient number of 
competent examiners who, under the direction of the Board, 
shall grade the examination papers of all applicants for 
teachers' certificates. 

17. It shall prescribe the duties of the State School In- 
spectors under direction of the State Superintendent; shall 
pass on their reports, and shall miake such provision for the 
expenses of examiners and inspectors as, in its discretion, 
may seem wise and expedient. 

18. It shall prescribe and publish graded courses of 
study for the public elementary and high schools of the State 
imder the limitations and restrictions of the law. which courses 
of study shall be observed by the teachers, and enforced by 
county superintendents and other schools officers. 

19. It may supplement from the State school fund, as 
provided by law. covmty appropriations for the maintenance 
of separate county high schools. 

20. In co-operation with the State Board of Health it 
m_ay prescribe rules and regulations for the sanitary inspection 
of school buildings, and take such other action as may be 
necessary or expedient to promote the physical welfare of 
school children. 

21. It shall prepare and distribute plans and specifica- 
t:ons for the construction and equipment of school buildings. 

22. It shall arrange for and supervise teachers' institutes 
in accordance with law. 



17 

23. It may recommend school furniture and educational 
appliances for use in the common schools of the State. 

24. It shall prescribe regulations for the management of 
county teachers' libraries, and prepare suitable lists of books 
for district libraries with rules for the management thereof. 

25. It shall approve all applications for charters in be- 
half of literary, technical or professional schools before such 
charters shall be granted by the Secretary of Stauf. 

26. It shall have power to scrutinize, classify and stand- 
ardize the secondary schools and colleges of the State, and to 
provide for new forms of educational effort, and in general, to 
take such action as may be necessary to promote the organi- 
zation and increase the efficiency of the educational system 
of the State. 

27. All laws and parts of laws in conflict with the provi- 
sions of this article are hereby repealed. 



18 



ARTICLE V. 



STATE SUPERINTENDENT QF PUBLIC INSTRUCTION. 
General Regulations. 

1. A Superintendent of Public Instruction shall be elect- 
ed by the qualified voters of the State at the same time the 
Governor is elected, for the term of four years, who shall be at 
least thirty years of age at the time of his election and shall 
have been a resident citizen of the State at least two years 
next before his election. (Constitution of Kentucky, Sec. 91.) 

2. The Superintendent of Public Instruction shall take 
the oath and enter upon the duties of his office, on the first 
Monday in January after his election and shall give bond to 
the Commonwealth for the faithful performance of his duties 
?n the sum of ten thousand dollars with good security, to be 
approved by the Uovernor, the bond to be filed in the office of 
the Secretary of State. 

3. His salary shall be three thousand six hundred dollars 
per annum, and he shall be allowed his actual necessary trav- 
elling expenses while engaged in the duties of his office. 

4. He shall have his office in such suitable quarters as 
Riay be provided at the State Capitol and shall devote his 
entire time and attention to the duties of his office. 

Powers and Duties. 

5. He shall serve as, ex-officio, Chairman of the State 
Board of Education. 

Chairman of the Boards of Regents of the State Normal 
Schools for the Eastern and Western Districts. 

Chairman of the Board of Trustees of the Kentucky Nor- 
mal and Industrial Institute for Colored Persons. 

Member of the Board of Trustees of the State University. 

Member of the Board of Commissioners of the Kentucky 
School for the Deaf. 



19 

Member of the Board of Visitors of the Kentucky School 
for the Blind. 

6. He shall have power, with the approval of the State 
Board, to appoint two State School Inspectors, who shall act 
under his direction. He shall also appoint a cliief clerk whose 
salary shall be $1,500.00, a first clerk whose salary shall be 
$1,200.00, a second clerk whose salary shall be $850.00, and a 
stenographer whose salary shall be $750.00 per annum. 

7. He shall direct and supervise the common school sys- 
tem of the State and use all reasonable diligence to see that 
the school laws are enforced, and shall perform such specific 
duties as are prescribed by law. 

8. He shall apportion and distribute the State school 
fund in accordance with law. 

9. He shall sign all requisitions on the Auditor of Public 
iVccounts for the payment of money out of the State Treasury 
for school purposes, and shall keep an account of all requisi- 
tions so drawn. He shall furnish to the Auditor an account of 
all returns of settlements and notify him promptly of all 
changes in the office of County Superintendent. 

10. He shall have power in person or by deputy to in- 
spect the books and audit the accounts of city and county 
boards of education, of graded school trustees, of county super- 
intendents and of all other officers of the common school sys- 
tem as often as he may deem proper. 

11. He shall have power to withhold any share of the 
State school fund due any city, county, district or individual 
school officer, upon proof that said city, county, district or 
school officer has failed to comply with the provisions of the 
school law, or wilfully disobeyed any decision of the State 
Superintendent or any order or regulation of the State Boara 
of Education. 

12. "Whenever it shall be »proved to his satisfaction that 
any county superintendent or other school officer has been 
guilty of any violation or neglect of duty under the school 
law of the State, or has disobeyed any decision of the State 
Superintendent, or any order or regulation of the State Board 
of Education, he may, with the approval of the State Board 
(.f Education, by an order under his hand and seal, remove 
such county superintendent or other school officer from his 
office. 

18. With the approval of the State Board of Education, 
he shall have power in case of vacancy by death, removal, 
resignation or otherwise, in the office of County Superintend- 
ent to appoint a legally qualified person to fill such vacancy 



20 

until a successor is elected in accordance with the provisions 
of the Constitution of Kentucky. 

14. He shall decide all appeals from decisions of county 
Ruperintendents when made in prescribed form. His deci- 
sion shall be final unless appeal to the State Board of Edu- 
eatioii is taken within thirty days. Before rendering his own 
decision he may obtain the opinion of the Attorney General in 
writing, which shall be conclusive for the time and sufficient 
defense against all parties. All decisions of the Superintend- 
ent and of the State Board, and all such opinions of the At- 
torney General shall be duly recorded in a book kept for that 
I>urpose. 

15. He shall keep on file in his office copies of all such 
official papers, reports and documents received as may be 
valuable for reference. 

Copies of records and papers in his office, certified by him, 
shall, in all eases, be evidence equal with the originals. 

16. He shall prepare suitable registers, blank forms and 
1 egulations for making all reports and for conducting all neces- 
sary business under the school law, and by circulars and other- 
wise shall give such information and instructions as he may 
deem conducive to the proper organization and operation of 
the common school system and the due execution of their duties 
by school officers. 

17. He shall require of county superintendents, city 
boards of education and trustees of graded schools, detailed 
reports annually and as often besides as he may deem proper, 
and he m'ay require special reports at any time of any officer 
connected with the common school system. 

18. Annually, on or before the first day of September, 
the chief executive officer of all educational institutions, 
supported wholly or in part by the State, including the Super- 
intendent of the Institution for Feeble-minded Children, shall 
furnish to him condensed statements of the objects, methods 
cf admission and such other geenral information concerning 
their respective institutions as it may be profitable to publish, 
?nd he shall include such statements in his biennial report. 

19. He shall request annually, by the first day of August, 
cf the president, principal, or chief executive officer of every 
educational institution in this State, a report of such facts 
as may be necessary to render his own report of the educa- 
tional resources of the State complete, and he shall furnish 
blanks for such reports; and it is hereby made the duty of 
fvery president, principal or chief officer to fill out and re- 
turn such blanks within such time as the Superintendent of 
Public Instruction shall request. 



24 

fndorsing such certificate for immoral or other unprofessional 
conduct, or for any other cause which, if known beforehand, 
would have preventde the issue of said certificate, and if so 
suspended or revoked by the County Superintendent, report 
thereof shall be made immediately to the State Superintendent. 

7. No certificate shall be granted to any person under 
tbe age of eighteen years. 

8. Any State or county certificate in force July 1, 1910, 
may remain in force for the unexpired term. 

9. Any certificate of any class or grade hereafter issued 
by the State Board and properly endorsed shall be valid in 
any county in the State when approved by the Superintendent 
of that county. 

10. A certificate of any class, except as hereinafter pro- 
vided, shall lapse two years after the person to whom it is 
issued ceases to engage in educational work, unless it is re- 
newed within that time by the State Board. 

11. A register of all ' certificates issued by the State 
Board shall be kept in the office of the State Superintendent 
and shall show the name, age, sex and color of the holder 
and the name of the endorsing county superintendent, the class 
and grade of the certificate, the date of issue, renewal or 
revocation, and such further information as may be required 
by the State Board. 

12. The whole matter of the recognition of certificates 
from other States shall be left in the hands of the State Board 
of Education. Provided, That no certificate shall be recognized 
which does not equal in its requirements a like certificate in 
this State. 

13. The examination fee for an elementary certlftcate of 
any grade or for a special certificate shall be one dollar, and 
for a high school certificate shall be three dollars. 

Special Regulations. 

14. A third grade certificate shall not entitle the holder 
to be principal of the school in any subdistrict reporting 
fifty-five or more pupil children, nor shall a certificate of the 
second class entitle the holder to be principal in any sub- 
district reporting seventy-five or more pupil children. 

15. Third grade certificates shall not be issued to the same 
person twice. 

16. For the periods for which they are issued, elementary, 
intermiediate and advanced certificates granted by the State 
Normal Schools shall be equal to first grade elementary cer- 
tificates as provided in this act. 



23 



ARTICLE VI. 



SXIAMINATION AND CERTIFICATION OF TEACHERS. 
General Regulatitms. 

1. The power to issue, renew and revoke certificates shall 
hi lodged in the State Board of Education and in the County 
Superintendents of schools. 

2. The certificates issued to teachers of common schools 
shall be of four classes: Elementary, High School, Life and 
Special. 

3. Qjuestions for all examinations shall be uniform 
throughout the State and shall be prepared under the direc- 
tion of the State Board of Education. 

4. Examinations for certificates shall be held at each 
county seat on such dates, uniform throughout the »tace, and 
m accordance with such regulations as m'ay be fixed by the 
State Board of Education. The examination papers of each 
applicant shall be graded under the direction of the State 
Board of Education and a certificate of the kind to which 
each successful applicant is entitled and the names and grades 
oi those who are unsuccessful shall be sent to the respective 
county superintendents of the counties in which applicants 
v/ere examined, who shall endorse the certificate of each suc- 
cessful applicant fom his county if, in his judgment, the per- 
sonality of such applicant and his general qualifications, other 
than scholarship, fit him for the work of teaching. The grades 
&nd the examination papers of all applicants shall be kept on 
file in the office of the State Superintendent for at least one 
year. 

5. Grade teachers in the city schools shall hereafter be 
required to pass these uniform examinations, or present prop- 
erly endorsed credentials, but any city board of education 
may make such additional requirements and provide for such 
further examinations as it deems necessary. 

6. Evidence of good character shall be required for all 
certificates, and a certificate may be suspended or revoKed 
by the State Superintendent or by the County Superintendent 



22 

ji:overued by tlie same laws in all respects as are prescribed 
for executors and administrators. 

The court shall allow him a reasonable compensation for 
his services, not exceeding ten per cent, on the first five hun- 
dred dollars and five per cent, on the residue paid into the 
State Treasury. 

But the provisions of this section shall not apply to 
any case where they conflict with the terms or conditions of 
the gift, donation or devise. In such case the terms of the 
gift, donation or devise, if accepted by the State Board of 
Education and approved by the Attorney General, shall be 
carried out as intended by the person making the same. 

23. He shall attend educational meetings and conven- 
tions and visit schools and school officers throughout the 
State for purposes of inspection, encouragement and consul- 
tation. 

24. On retiring from office, he shall deliver to his suc- 
cessor all books, papers and effects belonging to his office, and 
for failure to do so, shall be fined in a sum not less than one 
hundred nor more than five hundred dollars, to be recovered 
by indictment in the Franklin Circuit Court. 

25. All laws and parts of laws in conflict with the provi- 
sions of this article are hereby repealed. 



21 

For refusal or continued neglect on the part of any 
«ucli institution to make the report required by this section, 
(■r for refusal to permit an inspection of its instruction, meth- 
ods and equipment when requested by the State Superintend- 
ent, the State Board of Education shall exclude it from the 
'•st of accredited schools as hereinafter provided, and may 
recommend to the Legislature the suspension of its right to 
grant degrees. 

20. He shall biennially on or before the first day 
of December preceding the meeting of the General Assembly 
submit to the Governor for transmission to the General Assembly 
a report of the condition and progress of the public schools 
uj' the State for the two years immediately preceding the first 
cay of July of the current year, with full statistical taoles by 
counties, showing the school census, the number of schools and 
the attendance by sex and color, the amount and condition 
of the school fund, the amount received from special tax and 
ether sources, the apportionmient of State and county funds 
including amounts paid for buildings and equipment, the 
amount of bonded or other school indebtedness, reports of all 
State educational institutions and such reports of other char- 
tv red or incorporated institutions of learning as may be neces- 
sary to give a proper exhibit of the workings of the public 
s,chool system and of other educational agencies in the State. 

21. With the advice and approval of the Attorney Gen- 
eral, he shall biennially, immediately after the adjournment 
of the General Assembly,, collect, index and publish the school 
law, omitting all that has been repealed and inserting that 
v/hich is amendatory, together with abstracts of the decisions 
of the Appellate Courts and of the Attorney General on points 
of school law and the construction thereof; decisions, rules 
and regulations of the State Board of Education, and such 
other information and instruction in regard to the application 
of the scliool law and the management of the common schools 
as he may deem, expedient. 

22. When any donation, gift or devise of real or personal 
j'^'operty shall have been made to the common school fund of 
Kentucky, and accepted by the State Board of Education with 
the approval of the Attorney General, the State Superintend- 
ent shall designate -some discreet person, who shall be ap- 
pointed by the court of the county in which the property 
is located, to take charge of the gift, donation or devise, sell 
or dispose of the same and pay the proceeds into the State 
Treasury. In the discharge of his duties, this appointee shall 
Lave all the powers, be subject to the same liabilities and be 



2.5 

17. Any public high school or private secondary school 
whose course of study, equipment and methods are, after thor- 
ough official inspection, satisfactory to the State Board, shall 
be accredited so long as it maintains the standard required 
by the State Board. 

18. Upon the application of any college or university 
chartered under the laws of Kentucky, the State Board of 
Education shall officially inspect the courses of study pre- 
scribed and the character of work done in said institution, 
and if, in the judgment of the Board, such courses of study 
are fully equivalent in scope and thoroughness to like courses 
m the State University, the Board shall have power to ac- 
credit the institution on such courses. 

19. Application for any certificate based on college, nor- 
mal school or high school credentials must be accompanied by 
1he w^ritten recommendation of the County Superintendent of 
the requirements of General Regulations, Section 4, before 
such certificate shall be issued by the State Board of Educa- 
tion. 

20. Certificates granted by the State University and the 
State Normal Schools, under the provisions of the law govern- 
ing these institutions, shall be valid only when countersigned 
by the State Superintendent and County Superintendent, and 
shall be subject to revocation in like manner with other cer- 
tificates. 

Elementary Certificates. , 

21. Elementary certificates shall be of three grades and 
shall be granted for successfully passed examinations and 
such other evidence of fitness as is required by this act. 

Requirements : 

(a) Third grade. 

Age, eighteen years. 
Term, one year. 

Examination, an average grade of 70 per cent, and no 
grade below 60 per cent, in the following branches : Spell- 
ing, Reading, Writing, Arithmetic, English Grammar and 
Composition, Geography, Physiology, Civil Government, 
United States History, History of Kentucky, Theory and 
Practice of Teaching. 

(b) Second Grade. 
Age, eighteen years. 
Term, two years. 

Examination, an average 'grade of 80 per cent, and no 



26 

grade below 65 per cent, in all studies required for a 
third grade certificate, 
(c) First Grade. 

Age, twenty years. 
Term, four years. 

Examination, an average grade of 90 per cent, or over 
and no grade below 70 per cent, in all the subjects re- 
quired for a second grade certificate, and in addition, 
English Literature, Elementary Algebra and Higher Arith- 
metic, and such courses of professional reading as may be 
prescribed by the State Board. 

Experience, two terms of six months each or the equiva- 
lent. 

High School Certificates. 

22. High school certificates shall be of two kinds, — limited 
and regular. 

Limited. 

I. Validity — ^Good for one year in any elementary or 
liigh school in the State. Renewable for two years at the 
option of the State Board of Education on satisfactory evidence 
of successful teaching and professional progress. 

n. Requirements. 1. (a) Graduation from an accred- 
ited high school of the first class, or the completion of an 
equivalent course, and credentials showing at least one year's 
successful work in an accredited normal school or an accred- 
ited institution of higher learning, (b) and an examination 
satisfactory to the State Board of Education. 2. Satisfactory 
evidence as to morals, physical health and general personality. 

Regular. 

I. Validity — Good for three years in any high school 
or elementary school in the State. Renewable from time to 
time on evidence of successful teaching and professional read- 
ing satisfactory to the State Board of Education. 

II. Requirements. 1. (a) Graduation from an accred- 
ited high school of the first class, or the completion of an 
equivalent course and credentials showing the completion of at 
least two years of successful academic work in any accredited 
institution of higher learning and one year of professional 
training in an accredited normal school, or department of 
education, (b) and an examination satisfactory to the State 



27 

B'oard of Education. 2. Satisfactory evidence as to morals, 
physical health, and general personality. 3. One year's suc- 
cessful experience in high school work. 

Life Certificates. 

23. I. (a) If a teacher who has held an advanced certificate 
from the Eastern or Western Normal School for a period of 
three years, shall present to the Board of Regcjnts which grant- 
ed the certificate satisfactory evidence of teaching during 
said period and of good moral character, then the advanced 
certificate may be extended for life on good behavior by 
said Board, subject to the approval of the State Board of 
Education, (b) The degree of bachelor of arts or science 
in education from the Kentucky State University shall entitle 
the holder to teach, without examination, in any elementary 
or high school in Kentucky, and shall be good for life on 
good behavior, unless the holder shall cease to 
teach for five consecutive years, (c) A regular high school 
certificate shall be issued to any applicant presenting a de- 
free of B. A. or B. S. in education from any accredited col- 
lege or university within the State. This certificate may be 
renewed from time to time for similar periods, upon evidence 
satisfactory to the State Board that said graduate has been a 
successful teacher and has satisfactorily completed such courses 
of professional reading as may be prescribed by the Board. 

II. Satisfactory evidence as to morals, physical health 
and general personality shall be required of all applicants 
for life certificates and m-ay be demanded of all holders of 
these certificates from time to time at the option of the State 
Board. 

Special Certificates. 

24. Certificate, good for three years and renewable, may be 
granted to teachers of special subjects outside of the curicu- 
lum, such as the commercial branches, manual training, kin- 
dergarten, music, drawing, primary methods, etc., either on 
examination or on such other evidence of fitness as may be 
satisfactory to the State Board. 

25. All laws and parts of laws in conflict with the provi- 
sions of this article are hereby repealed. 



28 



ARTICLE VIII. 



COUNTY AND DIVISION BOARDS OF EDUCATION 
SUBDISTRICT TRUSTEES. 

General Regulations. 

1. Each and every county in this Commonwealth shall 
constitute one school district, except that where there is a 
city in any county maintaining a separate system of common 
schools in accordance with the law for cities of its class, or 
a graded common school district, established under special 
charter or general law, supplementing the State school fund 
by a local tax of not less than twenty cents on each one hun- 
dred dollars of property assessed within said district, then 
the balance of said county outside of such city or graded 
fcchool district shall constitute a school district. 

2. The County Board of Education of each county, as 
hereinafter provided, shall divide the county school district, 
as defined in section one, into four, six or eight educational 
divisions as may deem expedient, containing as nearly as pos- 
sible equal numbers of children of school age, both white 
and colored, as shown by the last school census. It shall then 
subdivide each of the said educational divisions into so many 
school subdistricts so laid off as to equalize as nearly as 
possible, in the judgment of the Board, the opportunities af- 
forded pupil children. The boundary of any school subdistrict, 
as above fixed, shall include all children residing therein, and 
shall not include fewer than thirty white children of school age. 

Subdistrict Trustees. 

3. On the first Saturday in August, of each year, an elec- 
tion, from the hours of one until five o'clock in the after- 
noon, shall be held at the school building in each subdistrict 
of this Commonwealth in which the term of office of the 
trustee is expiring, for the purpose of electing one trustee 
for said school subdistrict, and the trustees so elected shall 



29 

liold office for a, term of two years and until their successors 
are duly elected or appointed and qualified as herein pro- 
vided. 

4. Any person shall be eligible to the office of school 
tjustee who is over twenty-one years of age, and who has 
been a resident of the subdistrict for which he is elected for 
sixty days before the election, and who is able to read and 
write, as shown by a certificate of five reputable citizens 
of the subdistrict, and all male persons over twenty-one years 
of age, who shall have resided in a school subdistrict for 
sixty days next before an election shall have the right to vote 
at such election. 

5. All nominations for school trustees shall be by pe- 
tition, signed by at least ten persons eligible to vote in elec- 
tions for such trustees, and no name shall be placed upon any 
ballot unless such nominating petition is filed with the county 
clerk of the county in which such election is held, at least ten 
days prior to the date of such election. The officers of said 
election shall be a clerk and two judges, and shall be ap- 
pointed by the regular election commissioners in each county, 
and shall receive no compensation for their services; but th'' 
sheriff shall be paid by the county for notifjdng said officers 
as provided in the general election law. The said officers 
shall be the judges of the qualifications of each votef as 
prescribed in this act, and shall certify the returns of the 
election to the county superintendent of schools withiti five 
days after said election. 

6. All elections for school trustees shall be by ballot. 
Said ballot shall contain no emblem or device of any kind by 
Avhich it may be identified or known, and the ballot shall be 
printed and furnished by the county clerk of each county, and 
paid for out of the county levy. But said ballot shall provide 
space whereby such electors may vote for or elect another 
than those whose names are printed upon said ballot. 

7. It shall be the duty of the trustee in each sehooi sub- 
district to certify to the monthly and annual reports d the 
ttacher, to enforce the law for compulsory attendiiiu'e, to 
personally supervise the school or schools in his subdistrict 
aiii] to report the needs thereof to the Division Board of h:s 
educational division at its regular meeting, toget'ici' with such 
recommendations as he may deem necessary Tor the best in- 
terest of said school or schools. All such report)^ iuid recom- 
I'lendations shall be in writing. The Divljlou Board J^hall 
refer such reports to the County Board wicli its recommenda- 
tions on same. 

8. It shall be the duty of the trustee of each subdistrict 



30 

ariimally, during the month of April, to lcik(-, or cause to be 
taken, an exact census of all the children that r!?side in such 
h ill district on the first day of April who will be, un the first 
day of July following, between the ages of six and twenty 
years, and on or before the first day of May to report a list 
to the County Superintendent, specifying the name, age, and 
sex of each child, and the names of the parents or guardian, 
and a duplicate list to the clerk of the county court to be 
entered in a book furnished him by the StT,to, and kept as part 
of the records of his office. For the fait'ufui peiformance ci 
this duty he shall be allowed and paid from (he county school 
fund the sum of five cents per pupil child reported in siieli 
census. Should any trustee or his representative wilfully add 
to the list the names of persons not entitled to be placed 
thereon, or otherwise knowingly make a false list, the person 
or persons thus offending shall, in addition to being liable to 
punishment for the crime of false swearing, be subject to a fine 
of not less than fifty dollars; and should any other school 
officer be a party to such fraudulent lists, or in any way aid 
in the commission of such a fraud, he shall be liable to the 
same punishment. For a failure to take such census and re- 
port the same within the time and in the manner herein re- 
quired, the trustee shall be liable to a fine of not less than 
twenty dollars. Said trugtee shall not take the census of any 
child who has moved into the subdistrict from any other 
State, county or subdistrict since the first day of April, in 
which the census is taken, unless on the signed statement of 
the parent or guardian of such pupil child that its name has 
rot been listed in any other subdistrict within the State ; but 
rny pupil child who may not have been reported in the sub- 
district in which he resides may attend the common school 
without payment. This section shall be printed in the census 
blanks furnished by the Superintendent of Public Instruction. 

9. The trustee of any subdistrict may delegate the en- 
forcement of the law for compulsory attendance and the tak- 
ing of the school census to such other person as he may 
select ; but he shall be responsible for the e^iicient perform- 
ance of these duties. 

10. No trustee shall be allowed to buy any teacher's 
claim, directly or indirectly, under the penalty of removal 
from office by the County Board. Any teacher who shall of- 
ter or give, directly or indirectly, and any trustee who shall 
ask or accept, directly or indirectly, either for himself, for 
another, for the district, the school or the schoolhouse, any 
valuable consideration other than the ^services of the teacher 
for employing, or for being a party to employing such teacher, 



31 

shall be deemed guilty of bribery, and, upon indictment and 
conviction thereof, shall be fined as provided by law for 
punishment of bribery. 

Division Boards. 

11. The County Superintendent of Schools shall meet 
the trustees elected from the various school subdistricts of 
each educational division at some point in said division to be 
designated by him, within thirty days after the election in 
i^ugust of each year, proper notice having been given in writ- 
ing to each trustee as to the time and place of such meet- 
ing, for the purpose of organizing the trustees so elected into 
a division board of school trustees by choosing one of said trus- 
tees to be Chairman and one to be Secretary of said Division 
Board. 

12. The Chairman and Secretary shall perform the duties 
usually pertaining to these offices. A correct record of all 
proceedings shall be kept and shall be a public record. 

13. A majority of the members of each Division Board 
shall constitute a quorum, and a ma,jority of those present 
shall be necessary to the election of any teacher for service 
hi any subdistrict school. 

14. The County Superintendent of schools shall be a 
member of each Division Board of his county, but shall only 
vote upon any matter in case of a tie vote, and then he shall 
cast the deciding vote. 

15. Any vacancy that may exist in the trusteeship of any 
school subdistrict shall be filled by appointment of the County 
Superintendent until the next meeting of the Division Board 
of the educational division of which said subdistrict is a part, 
when such appointment may be confirmed or another person 
elected by the Division Board. Should the office of Chairman 
of a Division Board become vacant, as soon as possible there- 
after, the County Superintendent shall call a meeting of such 
Division Board which shall then proceed to elect another 
Chairman, and until a Chairman is so elected, the County 
Superintendent may designate one of its elected members as 
temporary Chairman. 

16. It shall be the duty of the Division Board of each 
educational division to elect one or more teachers for each 
school in such educational division, except as hereinafter pro- 
vided. For this purpose each Division Board shall meet in 
the office of the County Superintendent on such day during 
the month of July, in each year, as may be selected, after ten 



32 

days' written notice by the Chairman to each member of the 
Board. 

When vacancies exist, any Division Board shall meet on 
the last Saturday of July and August in each year for the 
purpose of filling such vacancies, and may meet for this, or 
other business, at such other times as the Chairman may desig- 
nate, after due notice to each member. 

17. All applications for positions in said schools shall 
state the grade of certificate held by the applicant, and shall 
be filed with the Secretary of the Division Board of the educa- 
tion division in which the position is sought. 

18. Teachers in elementary schools shall be elected for 
one school year, but may be removed by the Division Board 
employing them, at any time, subject to the approval of the 
County Superintendent, for incompetency, neglect of duty or 
immoral conduct. 

19. Contracts with all teachers shall be in writing, signed 
in duplicate by the teachers and by the Chairman and Secre- 
tary of the Division Board of the division in which the teacher 
is employed. 

County Boards. 

20. The County Board of Education of each county shall 
be a body politic and corporate by that name, and shall con- 
sist of the County Superintendent of common schools, and the 
chairmen of the division boards of education of such county, 
who have been chosen as hereinbefore provided. 

21. The County Superintendent of common schools shall 
be ex-officio Chairman of the County Board, and in his ab- 
sence, the members present shall elect a Chairman pro tempore. 

22. The Board shall elect a Secretary from its member- 
ship, who shall keep a faithful record of the proceedings of 
the Board. Said record shall be signed by the Chairman, or, 
in his absence, by the Chairman pro tempore and by the 
Secretary, and shall, at all times, be open to inspection of 
persons concerned. 

23. At the beginning of each school year, the County 
Board of Education shall elect a Treasurer who shall not 
be a member of the Board, and \vho shall give bond with 
security approved by the Board for more than the amount 
of funds to be handled by him during the year. To the 
Treasurer shall be paid all funds due the common schools of 
the county, and he shall pay out the same only on the war- 
rant of the County Board signed by the Chairman and coun- 
tersigned by the Secretary. He shall keep an exact account 



33 

of all receipts and disbursements, and shall make detailed 
leports thereof on the first of January and July of each year 
to the County Board, and additional reports when required. 
For his services he shall receive not to exceed one per cent, 
of the amount disbursed. 

24. A majority of the members shall constitute a quorum 
of the Board for the transaction of business. 

25. Meetings of the Board shall be held upon the call 
of the Chairman at such times as he may direct, but he shall 
call a meeting upon the written request of three members, 
and shall always give due notice to all members of the time 
and place of meeting. 

26. Each member of the County Board, except the 
C'ounty Superintendent, shall be paid from the county school 
fund three dollars for each day's service on the Board, but 
no member shall be paid for more than twelve days' service 
in any one year, either for actual attendance upon meetings 
of the Board, or for inspecting the schools and school prop- 
erty of his division in comipany with the County Superin- 
tendent. 

Powers and Duties. 

27. The County Board of Education shall have full power, 
when necessary, to lay off or establish new educational divi- 
sions and school subdistricts, or to change the boundaries of 
those already established. 

28. The County Board of Education shall have full power 
to distribute the annual per capita appropriation from the 
State school fund, among the subdistricts of the county, for 
the payment of teachers, in such proportion as will, in the 
judgment of the Board, most nearly equalize the opportuni- 
ties offered to the pupil children of each subdistrict, provided 
that no principal of an elementary school shall receive from 
the State school fund a salary of less than thirty or more 
than sixty dollars, and no assistant a salary of less than twenty- 
five or more than forty dollars per school month. 

29. (a) The County Board of Education shall have the 
power to purchase, lease or rent school sites, to build, to 
repair and to rent school houses, purchase maps, globes, charts, 
school furniture, or other apparatus necessary to the efficient 
conduct of the schools of the county, and said County Board 
is hereby vested with the title, care and custody of all school 
houses, sites, or other property belonging to the subdistricts 
of their several counties, and when, in the opinion of the 
Board, any site for school house has become unnecessary, it 



34: 

71 1 ay sell and convey the same in the name of the Coiuity 
Board of Education. 

(b) It shall have the pov^^er to condemn any real estate 
necessary for school purposes in any subdistrict and may. 
I»roceed to do so in the manner provided by law for the con- 
demnation of lands for railroad purposes. 

(c) It shall have the power to receive any gift, grant or 
donation for the use of the schools within the county, and all 
conveyances of real estate which shall be made to said County 
Board of Education shall vest the property in said Board 
fc;nd their successors in office for the use and benefit of the 
schools of the county. 

30. It shall be the duty of the County Board of Educa- 
tion to estimate and lay before the fiscal court of the county 
the educational needs of the county, and said court shall 
levy a tax for school purposes in accordance with such esti- 
mate, not to exceed twenty cents to each one hundred dol- 
lars of assessed valuation • of property in the county, and a 
capitation tax not exceeding one dollar, and the sheriff shall 
then collect this tax as other State and county taxes are col- 
lected: Provided, no tax for school purposes shall be levied 
under this act upon property in cities and towns maintaining 
a first class system of common schools in which all grades are 
already taught to the satisfaction of the State Board of Edu- 
cation, and upon property in school districts exempt- 
ed under the provisions of section one of this article. When the 
tax so levied shall have been collected by the sheriff of the 
county, he shall turn over to the Treasurer of the County 
Board of Education, the amount of money so levied and col- 
lected, and the County Board shall expend the money so re- 
ceived in the building, improvement and equipment of school 
houses, for the purchase and condemnation of necessary real 
estate, for the payment of teachers, purchasing necessary 
supplies, and the extension of the school term in the various 
subdistricts throughout the county, as in its judgment the 
needs of the individual schools for white and colored pupils 
ciemand. No funds shall be paid out except on the order of 
the County Board, signed by the Chairman and counter- 
signed by the Secretary. 

31. It shall be the duty of the County Board, through 
Its Chairman, to present an annual financial report to the fiscal 
court of the county on the date specified by that court for re- 
ceiving said report. The books and records of the County 
Board shall be open at all times for the inspection of any 
citizen of the county. 

32. It shall be the duty of each member (division chair- 



35 

man) of the County Board of Education to report in writilig 
the exact status of the educational aifairs of his educational 
division to the County Board for consideration at least twice 
each year, and at such other times as the Chairman of the 
County Board may require. 

33. Upon the petition of ten legal voters of any school 
subdistrict, the County Board of Education shall submit to 
the legal voters of said subdistrict the question whether or 
not a tax shall be levied upon the taxable property in such 
subdistrict in any school year for local school purposes; and 
an ad valorem tax may be so voted not to exceed twenty-five 
cents on each one hundred dollars of taxable property. Such 
questions shall be voted on at the regular school election held, 
,is provided by this act, on the first Saturday in August. At 
least fifteen days' notice that such question will be voted on at 
any school election shall be given by written or printed hand- 
bills, posted in at least five conspicuous places in such sub- 
district. The returns of said election shall be made to the 
Chairman of the County Board of Education, and said Board 
shall meet within seven days after such an election and can- 
vass the returns, and if it be ascertained that a majority 
vote in such subdistrict was cast in favor of such tax, said 
Board shall, on its minute book, enter an order levying such 
tax in such subdistrict, and it shall be the duty of the sheriff 
(f the county on his official bond to collect such tax and hold 
the same subject to the order of the County Board of Educa- 
tion for the benefit of the subdistrict voting such tax, and said 
sheriff shall receive the same compensation therefor as for col- 
lecting State and county revenue. 

J Fractional Subdistricts. 

34. With the concurrence of the county boards, the coun- 
ty superintendents of two adjoining counties, where the di- 
A'ision line intersects a neighborhood whose convenience re- 
quires it, may lay off a subdistrict composed of parts of both 
counties. 

The selection and payment of teachers and general con- 
trol of such subdistrict shall be lodged in the county and di- 
vision boards of the county in which the school building is 
located, but the County Board of the other contracting county 
shall pay such proportion of the total expense of conduct- 
ing said school as may be mutually satisfactory and stated 
in a written contract, which contract shall also state definitely 
the boundaries of such fractional subdistrict. Said contract 
shall be spread upon the minutes of each Board, and duplicate 



36 

copies signed by the President and Secretary of each Board 
shall be filed in the office of the county clerk of each of the 
contracting counties. 

35. In the subdistriet thus constituted, one trustee, who 
may reside in either fraction, shall be elected froin the sub- 
district at large, but said trustee shall be a member of the Di- 
vision Board of the controlling county as hereinbefore pro- 
vided. The duties of the trustee of such fractional subdistriet 
sliall be the same as those of other subdistriet trustees, save 
that in making a census of the children of school age residing 
in the subdistriet, he shall list the children of the two coui\ties 
separately, and make returns to each county superintendent 
of the children residing in the respective counties. 

Consolidated Schools. 

36. The County Board of any county shall have power 
to consolidate with reference to the needs of either white or 
colored children, any two or more contiguous school subdis- 
tricts, and in case of such consolidation school houses shall be 
built or acquired, located at sorne point convenient to the 
patrons of such consolidated school subdistricts, and of suf- 
ficient capacity to accommodate the pupil population of such 
consolidated school subdistriet, and such schools shall be called 
f.nd known as eonsolidate'd schools. - Teachers for such con- 
solidated schools shall be employed in the same manner as 
for school subdistricts. The monthly and annual reports of 
teachers so employed shall be validated by the signature of 
the trustee of the subdistriet m which the consolidated school 
is located. 

The Board may also provide for the free transportation 
of pupils to and from school under such rules and regu- 
lations as it may prescribe. Contracts for such trans- 
portation shall be let to the lowest and best bidder, and all 
expenses thereof shall be paid out of the county school levy. 

High Schools. 

37. (a) On or before the tenth day of September, 1910, 
there shall be established by the County Board of Education 
of each county one or more county high schools so located as 
to best meet, in the judgment of the Board, the needs and 
convenience of the people ; Provided, There is not already ex- 
isting in the county a high school of the first class; if such 
high school already exists, and if the County Board may be 
able to make sucn an arrangement with the trustees or the 



37 

Board of Education of said high school as will furnish to 
the pupils completing the rural school course free tuition in 
said high school, then said high school may be considered as 
meeting the purpose of this law without the establishment 
by the Board of another high school. 

(b) The county boards of education in the various coun- 
ties shall have full power and authority to unite with the 
governing authorities of any city or town in their respective 
counties for the purpose of establishing a high school for the 
joint use of the city or town and such county, and to unite 
with such authorities for the purpose of maintaining such 
high school if one be already in existence. For this piirpose 
said county boards are hereby given full power and authority 
to make such contracts as they may deem necessary or proper 
for the establishment and maintenance of such high schools 
for the joint use of the county and such city or town. Said con- 
tract shall be in writing and shall contain full and complete 
stipulations as to employment and compensation of teachers, 
courses of study, payment of the expenses of the school and 
the control and discipline of the pupils. 

(c) The county high schools of this Commonwealth shall 
be of the first, second and third class. A first class high 
school shall maintain a four years' course of study, which shall 
t^onform' to the standard required by the State Board of Edu- 
cation. Such course of study may provide for instruction in 
manual training, domestic science and elementary agriculture. 
High schools of the second class shall maintain a course of 
three years, identical with the first three years of the first 
class high school. High schools of the third class shall main- 
tain a course of two years identical with the first two years of 
the first class high school. 

38. The County Board of Education of any county is 
hereby authorized and empowered to order an election and 
submit to the voters of the county the question whether or not 
the said Board of Education shall issue bonds in any amount 
not exceeding the constitutional limit for the purpose of pro- 
viding suitable grounds, school buildings and apparatus for 
the county high school. Said election shall be conducted in 
accordance with the law for bond elections in graded common 
school districts. 

39. When county high schools shall have been estab- 
lished as provided in this act, it shall be the duty of the County 
Board of Education to employ and fix the salaries of the 
teachers necessary to the efficient conduct of said high school 
and prescribe the course of study to be pursued, but said 
course of study shall not be below the standard fixed by the 



38 

State Board of Education as hereinbefore provided. The text 
books to be used in the required courses of said high schools 
shall be selected by the Text Book Commission as required by 
law. 

40. Whenever a County Board shall establish a separate 
county high school of the first or second class in conformity 
with this act, the County Superintendent shall notify the 
State Board of Education, and the said Board shall, as soon 
as possible, cause such school to be officially inspected, and 
if it conforms to such standard as may be prescribed by the 
State Board of Education for regularly organized high schools 
of either of these classes in the Commonwealth, then the State 
Board of Education is hereby authorized and empowered to 
make annual appropriations as hereinafter provided to aid in 
the maintenance of such high schools. After the annual esti- 
n^ate and apportionment of the State school fund has been 
made, if the apportionment under such estimate shows a 
pro rata share of four dollars for each pupil child entitled 
thereto, and the estimate shows a sufficient surplus to the 
credit of the school fund, then the State Board may use such 
portion of said surplus as it may deem prudent to supplement 
the county appropriations for the maintenance of separate 
county high schools established in accordance with the pro- 
visions of this act. To each high school of the second class 
meeting the standard requirements, the Board may appropri- 
t^te annually a sum of not more than five hundred dollars, and 
to a high school of the first class under like conditions, a 
sum of not more than eight hundred dollars, provided that 
the annual appropriation made by the State Board shall, in 
no case, be larger than the appropriation of the County Board 
for the maintenance of such high school, and provided further 
that the State Board shall have the right to withdraw said 
appropriation from any high school after sixty days' notice to 
the County Board, if said school fails to conform satisfactorily 
to the standard or to meet the requirements of the Board for 
schools of its class. The State Board of Education shall have 
power to fix such rules and regulations not in conflict with this 
act as are necessary for the distribution of this fund. 

41. No tuition in the high school shall be charged grad- 
uates of the common schools residing within the common 
school district as defined in section one, but the County Board 
shall have power to charge a reasonable tuition for pupils re- 
s' ding in graded school or special districts exempt from county 
taxation for school purposes as provided in section one, and to 
arrange with the boards of trustees of such districts for the 
payment thereof. 



39 

42. No trustee, no member of tlie County Board of Edu- 
cation and no County Superintendent shall be financially inter- 
ested, directly or indirectly, in any contract for the purchase 
of land, the erection or repairs of any school house, the furn- 
ishing of supplies or equipment, or the em|ployment of any 
teacher; and any of said officers so offending shall be guilty 
of an indictable misdemeanor and on conviction shall be fined 
not exceeding five hundred dollars, or imprisonment in the 
county jail not exceeding six mionths, and shall forfeit his 
office. 

43. All laws and parts of laws in conflict with the provi- 
sions of this article are hereby repealed. 



40 



ARTICLE Vin. 



COUNTY SUPERINTENDENTS OF COMMON SCHOOLS 
General Regulations. 

1. A county superintendent of common schools shall be 
elected, in each county of the State, by the qualified voters 
of that county, at the November election of 1909 for a tsrm of 
four years, who shall be, at least, twenty-four years of age, and 
shall have been a resident citizen of the State for at least 
two years and of the county, one year next preceding his 
election. He shall be elected, the vote canvassed and the re- 
sult certified by the same officers and in the same manner as 
in the election of other county officers, and within ten days 
after the election, the clerk of the county court shall forward 
a copy of the certificate of election to the Superintendent of 
Public Instruction. 

In cases of controverted right to the office of county super- 
intendent, the Superintendent of Public Instruction shall have 
power to recognize a superintendent from among the contest- 
ants until the ease has been settled. 

2. No person shall be eligible to hold the office of county 
superintendent of common schools, who does not, at the time 
cf his election or appointment, hold a high school certificate 
or a life certificate authorizing him to teach in the common 
schools of Kentucky. 

Provided that in any county in which there is a city or 
cities of the first, second, third or fourth class maintaining a 
system of common schools separate and distinct from the 
common schools of the county, the County Superintendent 
shall be elected by the qualified voters of said county residing 
outside of such city or cities, and in counties in which there 
are cities of the first or second class, the County Superintend- 
ent shall reside in the portion of the county outside of such 
city or cities. 

No State, county, municipal or district officer, trustee of 
a school subdistrict or teacher, while engaged in teaching, 
shall hold the office of County Superintendent. 



41 



3. He shall take the oath end enter upon the duties of 
his office on the first Monday in January after his election 
and shall continue in office four years, or until the election 
and qualification of his successor. 

Before entering upon his dut^'es, he must give bond in 
duplicate to the Commonwealth for the cfaithful discharge 
thereof, in a sum not less than one-half the full amount of' 
the school fund that may be due the county from all sources 
for the surrent school year, with sufficient security 
approved by the county court,: and said bond shall be re- 
newed each year. O'ne copy of said bond shall be kept on- 
file in the office of the county clerk and the other shall be 
forAvarded by the county clerk to the Superintendent 'of 
Public Instruction. It shall be the duty of the county clerk, 
in forwarding the bond made by the County Superintendent 
at the beginning of .his term, to also forward to the Superin- 
tendent of Public Instruction a certified copy of the order of^ 
the court inducting the said Superintendent into office. ■ 

4. For all the services rendered and the expenses in- 
curred by th0 County Superintendent under the provisions 
cf this law, he shall be allowed a salary annually by the fiscal 
court of his county, Which salary shall not be less than six 
hundred dollars nor more than one thousand eight hundred 
dollars. Before the court shall allow the salary, it shall be 
satisfied, from the statement subscribed and sworn to by the 
Superintendent and officially endorsed by the County Board, 
that he has visited the schools of the county and that his 
other duties have been f aithfillly and efficiently performed 
according to law. Said salary ^^hall be paid out of the county 
levy as the salary of the county .judge is now paid; and, in 
his report to the Superintendent of Public Instruction, the 
County Superintendent shall state the full amount allowed 
him by the fiscal court for his official services. 

5. The fiscal court shall furnish the County Superin- 
tendent with a suitable office, free of charge, large enough to 
accommodate a county teachers' library. 

6. In case of vacancy by death, removal, resignation or 
otherwise, in the office of County Superintendent, the vacancy 
shall be filled in accordance with the provisions of the Con- 
stitution of Kentucky (Sec. 152) for other county elective 
officers,' and if filled by appointment, this appointment shall 
be made by the State Superintendent of Piiblic Instruction- 
with the approval of the State Board of Education. 



42 
Powers and Duties. 

7. He shall serve as, ex-officio, 

Chairman of the County Board of Education. 
Member of each Division Board of Education within the 
county. 

8. He shall not engage in any other business or occu- 
pation, but shall devote his whole time to the duties of his of- 
fice, and exercise careful supervision over the common schools 
cf his county and see that all the provisions of the com- 
2jion school law are observed and enforced by teachers and 
school officers. 

9. He shall administer oaths and affirmations to trustees, 
teachers and other persons on all official matters connected 
with, or relating to schools, but he shall collect no fees for 
this service. 

10. He shall make an official visit to each subdistrict 
school in his county at least once a year; but shall not 
make more than three such official visits in one day. At the 
time of such visits, he shall note, in a book prepared for the 
purpose, such facts as may be required by the State Board 
cf Education. 

11. He shall inspect the work and examine the records 
of each subdistrict, counsel with trustees and teachers and 
strive, by every means in his power, to advance the educa- 
tional interests of his county. 

12. He shall distribute promptly all reports, laws, forms, 
circulars and instructions received from the Superintendent 
of Public Instruction for the use of the schools and teachers. 

13. He shall, on the second Saturday in October, reckon- 
ii!g school months of twenty days, draw his warrant on the 
Treasurer of the County Board for the amount due each 
teacher of a common school for the mionth or months com- 
pleted, but not for any fraction of a month, except as pro- 
vided in Article X. Section 15 on the certificate of the trustee of 
the subdistrict in which the school is operated that the school has 
been legally taught for that period ; and thereafter the County 
Superintendent shall, on the second Saturday of each calendar 
month, pay the salary due each teacher of a common school 
for the preceding school month or months, for which said 
salary is still due, on the certificate of the subdistrict trustee 
that the school has been legally taught for the period speci- 
fied. Provided, That all of said payments shall be made to 
the teacher personally, or on written order, and that the last 
jtayment shall be for the entire balance due the teacher, and 
that any teacher who may violate his contract with the divi- 



43 

sion board by refusing to continue his school, shall forfeit 
any fractional salary that may be due him. 

14. As Chairman of the County Board he shall annually 
present to the fiscal court of the county on a date specified 
by that court a full and comprehensive written report, ap- 
proved by the Board, of the financial affairs of the preceding 
year. Such report shall be attested by the signatures of the 
Secretary and the iVeasurer. 

15. He shall also keep a detailed record of all his other 
official acts, — the names of subdistrict trustees, the numbers 
find description of educational divisions and subdistricts, and 
shall file mjethodically all reports and other official papers. All 
official records shall be open to the inspection of any citizen 
of the county. 

16. It shall be the duty of the County Superintendent to 
be in attendance at his office at the county seat on the second 
Saturday of each month, and at such other times as may be 
necessary for the transaction of official business. 

17. The County Superintendent shall, annually, pay to 
the treasurer of any graded common school district that may 
l'( organized and operating in his county, in conformity with 
this article, the pro rata portion of the State and county fund 
due the said district, according to the number of pupil child- 
ren therein, as soon as the same shall coijie into his hands; 
or, if desired by the trustees, he may pay in January the full 
amount due said district. 

18. No County Superintendent shall be allowed to buy 
for himself, or another, any teacher's claims, directly or indi- 
rectly, or to act as agent for the sale of any text books. Any 
fiuperintendent guilty of violating this section shall be fined 
rot less than $100 nor more than $1,000 for each offense. 

19. He shall decide all questions of difference or doubt 
touching the administrative duties of the officers or teachers 
of common schools in his county, but appeals from his acts 
and decisions may be taken on petition of any interested 
person to the Superintendent of Public Instruction. 

20. Not later than the twentieth of March, in each year, 
he shall notify the trustee of each subdistrict that the bounda- 
ries of the subdistrict are as recorded for the past year in the 
trustee's register or, if any changes have been made, shall 
give to the trustee exact notice of such changes, and in due 
time see that the said changes are included in the description 
of the boundary entered in the trustee's register. At the 
time of such notice, he shall give to the said trustee printed 
cr written instructions for taking the census in accordance 
with the law. He shall superintend the census taken, during 



44 

tile month of April, by the trustees of the sub- and inde- 
pendent districts as provided by law. He shall base his own 
report to the Superintendent of Public Instruction, upon the 
reports made to him by these trustees. If such census report 
is not in from any such district or subdistrictby the tenth of 
May, the County Superintendent shall take or have the census 
of the same taken, the cost of which shall be paid out of the 
county levy, and the fiscal court may recover from the de- 
linquent trustee or trustees the amount so paid. 

21. On or before the. first day of June, in each year,' 
he shall prepare, in duplicate, a report showing the whole 
rumber of children between the ages of six 'and twenty years, 
residing in each subdistrict described by its number, and in 
each independent district of the county, except in cities oper- 
ating a system of schools under charters of the first, second, 
third or fourth class. One copy of said report he shall deposit 
AA'ith the couiity clerk to be placed on file in his office as a 
public record, and the other, certified to by the county judge 
or county clerk as a correct duplicate, he shall mail to, or 
otherwise cause to be placed- in the hands of the Superin- 
tendent of Public Instruction. He shall be individually re- 
sponsible to the County Board of his county for any loss sus- 
tained hy said County Board by reason of any error made by 
him in reporting the census returns. 

22. Any county superintendent who shall knowingly and 
wilfully report to the Superintendent of Public Instruction a 
number of common schools as having been taught in his 
county greater than the number of such schools actually taught 
therein according to law, or a number of children entitled to 
tuition in his county greater than the actual number of 
such children, or who shall otherwise knowingly and wilfully, 
misstate any fact which he is or may be hereafter required 
by law to report to the Superintendent of Public Instruction, 
fihsll be deemed guilty of a felony, and, upon conviction tiiere- 
of, be fined in a sum not less than two hundred nor more than 
five hundred dollars, or imprisoned in the penitentiary not 
Itss than one nor more than ten years, or both fined and im- 
prisoned in the discretion of the jury, and be removed from 
office. And all sumjs recovered from him by due prucess of 
law, or by voluntary surrender of the excess taken by him, 
shall be paid into the school fund. 

23. It shall be the duty of each county superintendent, 
before the opening of the schools each year, and from time 
to time, by personal observation or from trustees and teachers 
f nd otherwise, to ascertain the number and cost of text books 
upon each of the common school branches needed by the indi- 



45 

gent children of each subdistrict in the comity for use in the 
common schools; and he shall report to the county judge the 
number and titles of books needed, when the county judge 
shall purchase the books and pay for them by an allowance 
made by the fiscal court of the county. The county judge 
shall turn the books over to the County Superintendent, for 
distribution, taking receipt for the number and value thereof; 
but the cost of said books shall not exceed in the aggregate 
one hundred dollars per annum in any county. 

24. It shall be the duty of the County Superintenclent 
of common schools in each county in which a railroad or bridge 
is operated to furnish, on or before the first day of July of 
each year, to such railroad or bridge company or companies, 
the boundary of each graded common school district or school 
subdistrict through or within which any part of said railroad 
or bridge or other railroad or bridge property is situated; 
and the county clerk of any county containing any other tax- 
ing district through or within which any railroad or bridge is 
located shall make a similar report to such railroad or bridge 
company. Any county superintendent or county clerk failing 
to make report as herein required, or who shall make false 
report, shall be deemed guilty of a misdemeanor, and upon 
conviction, shall be fined not less than fifty nor more than 
cne hundred dollars for each offense. 

25. All taxes against any railroad or bridge company 
which shall be levied in any graded common school district 
or school subdistrict when collected by the sheriff shall be 
paid to the superintendent of common schools of the county 
for the benefit of the district or subdistrict entitled thereto. 

26. The provisions of the law for the assessment and 
payment of railroad taxes (Revisted Statutes, Sec. 4096-4104) 
shall not be construed to apply to any colored school district: 
Provided, That thi- same rato of taxation assessed against the 
ital estate of any railroad or bridge company or corporation 
in any graded school district or common school subdistrict, 
iij any year, shall be assessed against all of the taxable prop- 
erty in such district or subdistrict, and the railroad or bridge 
lax, when collected, shall be paid over to the county superin- 
tendent of the county in which the district or subdistrict 
school house wherein the tax is assessed shall be situated, 
and shall constitute and be held by the County Superintendent 
ap a graded or subdistrict school fund; and the said fund 
shall be apportioned and distributed by the County Superin- 
tendent between the white graded school or white subdistrict 
■wherein said tax shall be collected and any colored subdistrict 
which shall be located over the same boundary; the distri- 



46 

butioii shall be in the same ratio that the whole number of 
white children of pupil age and the whole number of colored 
children of pupil age residing in the district or subdistrict 
.=?hall bear to the whole number of children, white and colored, 
residing in the district or subdistrict wherein such tax shall 
be collected. 

27. Each county superintendent shall, on or before the 
first day of August, annually settle his accounts for the pre- 
vious school year with the county judge of his county, and 
forward a copy of said settlement, certified by the clerk of said 
court to be correct, to the Superintendent of Public Instruc- 
t-on. Said settlement shall embrace all sums received since 
the date of his last settlement by said county superintendent 
for the benefit of the common schools taught during the 
S' hool year ; a full statement of all such sums paid out by 
him, for what, to whom, and when paid; and should any 
part of said fund received by him as aforesaid, remain un- 
called for, and not be paid out, he shall immediately refund 
said amount to the' State Treasurer, stating why it was not 
used, and at the same time notify the Superintendent of 
.ij*ublic Instruction that he has refunded the said amount, that 
he may give said County Superintendent proper credit on his 
books for said amount refunded. The receipt of the Auditor 
for money refunded shall be a sufficient voucher with the 
county judge in said settlement. Should the copy of such set- 
tlement fail to reach the Superintendent of Public Instruction 
by the tenth day of that month, it shall be his duty to notify 
the county judge and the delinquent county superintendent 
of the fact ; and upon receiving such notification it shall be 
the duty of the judge, in case the settlement shall not have 
been made, immediately to compel a settlement by attachment, 
as in cases of contempt, and a copy thereof to be forwarded 
to the Superintendent of Public Instruction. For his wilful 
failure to pay out to those entitled thereto any money in his 
hands for the space of thirty days after the same shall be 
received by him, or, for his wilful failure to make the aforesaid 
settlement within the time required by law, the County Super- 
intendent shall be guilty of misdemeanor and being indicted 
and convicted thereof, he shall be fined in a sum not less than 
cne hundred nor more than five hundred dollars, as well as 
remain liable on his official bond and be removed from office. 

28. He shall, on or before the first day of August, pre- 
pare and mail and cause to be placed in the hands of the 
Superintendent of Public Instruction, his official report, show- 
ing in tables of details and aggregates, the school subdistricts 
of his county by number ; the name and address of the trustee 



of each subdistrict, with date at which each one's term ex- 
pires ; the subdistricts in which schools were taught and the 
1( ngth of time taught ; the highest, lowest and average num- 
ber of children at 'school; the cost of tuition of each child 
for the session and per month ; the number of private schools, 
academies and colleges taught in the county, and length of 
session of the same, the number of teachers employed in the 
common schools, — male, female and total ; the average monthly 
salary of teachers, — male, female and total ; the name and ad- 
dress of teachers resident in his county, with grade of certifi- 
cate of each ; the amount of money raised for common school 
purposes in the county, by local tax or otherwise, and for 
what the same was disbursed; the number and kind of school 
houses, and the value of each ; the number of school houses 
built and the value of each ; the number of subdistrict libra- 
ries ; also county library, the number of volumes in each, and 
the increase during the year ; the amount he has received for 
official compensation and expenses. For wilful failure to be 
present at his office at the time appointed to receive reports, 
or for failing to make the reports herein required, he shall 
be fined a sum not exceeding fifty dollars. 

29. He shall perform such duties as are required of him 
under the charters of the State University and State Normal 
Schools. 

30. At the close of his term of office, he shall 
immediately deliver to his successor, or to the county 
court clerk for him, any money, property, books, papers or 
effects belonging to his office, and within ten days, he shall 
make an official settlement with the conty court, and for fail- 
ure to do this, shall be fined not less than fifty dollars nor 
more than one hundred dollars. 

It shall be the duty of the county clerk to forward a certi- 
fied copy of said settlement to .the Superintendent of Public 
Instruction. 

31. All laws and parts of laws in conflict with the provis- 
ic.ns of this article are hereby repealed. 



48 



ARTICLE IX. 



COUNTY BOARD OF EXAMINERS. 
General Regulations. 

1. The County Superintendent of each county and two 
strictly rrworal and well educated residents of the county hold- 
ing first grade elecentary, high school or life certificates, or 
diplomas from- some institution of higher learning, appointed 
by the State Board of Education, shall constitute a Board of 
Examiners for the county. Before such persons shall be 
authorized to act as member of said Board, they shall take 
and subscribe to an oath that they will faithfully discharge 
their duties as required by the school law, and the said af- 
fidavit shall be filed in the office of the clerk of the county. 

2. It shall be the duty of said Board of Examiners to 
conduct the examinations for teachers' certificates and certifi- 
cates of graduation in the elementary schools to be held at 
each county seat on such dates uniform throughout the srtate 
and in accordance with such regulations as may be fixed by 
the State Board of Examiners, and to certify to the State 
Board of Education that these examinations have been con- 
ducted in accordance with law and the regulations of the State 
Board. 

3. The two appointed members of the County Board of 
Examiners shall be paid three dollars each for days of act- 
ual service in conducting the examinations provided by law. 

4. The County Superintendent and at least one of the 
examiners shall be present and shall conduct all examina- 
tions and sign all necessary documents. 

Powers and Duties. 

5. The County Superintendent and other examiners shall 
have full power, and it shall be their duty to make investiga- 
tion as to the moral character of applicants, and the County 
Superintendent shall also have full power to administer an 



49 

oath as to improper use of questions and as to other matters 
touching the qualifications of teachers under this law. 

6. The County Superintendent shall collect, from each 
applicant for each examination made the fee prescribed by 
law, and out of the aggregate of all fees so collected he shall 
pay the other members of the County Board of Examiners 
and other legitimate expenses of conducting such examination, 
and the remainder he shall immediately pay to the State Au- 
ditor of Public Accounts to be placed to the credit of the 
school fund of the State. At the close of the examination he 
fcball make and return to the Superintendent of Public Instruc- 
tion a detailed report of the names of all applicants for certifi- 
cates, the amount of fees collected by him, the amount paid 
out for expenses and the amount paid to the Auditor, and 
shall send with said report receipts for all money paid for 
expenses. The County Superintendent and the other mem- 
ber or members of the Board of Examiners present shall cer- 
tify to the correctness of this report. 

7. All applicants for teachers' certificates of any class or 
grade in the Commonwealth of Kentucky immediately before 
entering upon examination shall subscribe and be sworn to 
the following oath, which shall be presented to them by any 
cf the Board of Examiners, viz: "I do solemnly swear (or af- 
firm) that I have not had access, directly or indirectly, to the 
State Board or other questions to be used in this examination, ' 
and that I have no personal knowledge of any unlawful usage 
of the aforesaid questions by any other person or persons, 
which knowledge I have not communicated to the grand jury, 
county attorney or county superintendent of schools of the 
county in which the aforesaid person or persons did unlawful- 
Iv use or attempt to use said questions." 

The Superintendent of Public Instruction shall furnish each 
county superintendent in the Commonwealth a sufficient num- 
ber of copies of the oath prescribed in this act, printed on 
sheets with blank spaces below for names and addresses of ap- 
plicants. Each copy, after being subscribed and sworn to by 
applicants as provided in this act, shall be dated and signed 
officially by the Board of Examiners and forwarded to the of- 
fice of the Superintendent of Public Instruction with the 
applicant's papers and be preserved there as a public record. 

8. Any county superintendent or county examiner wlio 
shall knowingly certify any immoral person or any person un- 
der the prescribed age as fit to teach in the common schools, 
shall be guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not less than fifty nor more than one hundred 
dollars for each offense. 



50 

9. Any county superintendent, county examiner, printer, 
Cjficer of State or county or any other person who shall sell, 
barter, give or furnish, or procure to be sold, bartered, given 
or furnished to any applicant for a certificate to teach in the 
common schools or to any other person, any question or ques- 
tions prepared or sent out by the State Board of Education for 
the examjination of persons applying for such certificates, or 
in any way dispose of such question or questions, except in 
inanner provided by law, shall be guilty of a felony, and shall, 
upon conviction, be punished by confinement in the State 
penitentiary not less than one year nor more than three years. 

10. Any Superintendent of Public Instruction or county 
superintendent of common schools or member of a board of 
examiners for teachers' certificates of any class or grade 
failing to comply with the provisions of this act shall be guilty 
of a misdemeanor and, upon conviction thereof, shall be 
fined in a sum not less than fifty dollars nor more than one 
hundred dollars for each offense. 

11. All laws and parts of laws in conflict with the pro- 
T isions of this article are hereby repealed. 



ARTICLE X. 



TEACHERS— PUPILS— PARENTS. 

Teachers. 

1. No person shall be qualified to teach in any common 
school in the State until such person shall have obtained a cer- 
tificate in accordance with the provisions of the law for the 
examination and certification of teachers. 

2. Twenty school days, or days in which teachers are 
actually qmployed in the school room, shall constitute a schoc" 
mlonth in the common schools in this State, but no teachei 
shall teach more than five consecutive days in one week. 
Teachers shall have the benefit of only such legal holidays as 
they actually observe. 

3. Not less than five hours of actual work in the school 
room, exclusive of recesses and intermissions, shall constitute 
a school day. 

4. "When the attendance exceeds fifty, the teacher may 
employ, during such attendance, a temporary assistant, whose 
scholarship and competency shall be acceptable to his divi- 
sion board. "When a permanent assistant is required to serve 
regularly at a salary, such assistant shall hold a certificate and 
be employed by tlie division board. 

5. Applications for teaching positions in the elementary 
common schools shall be filed with the Secretary of the Divi- 
sion Board of the educational division in which such position 
is sought. Teachers in elementary schools shall be elected 
by the Division Board, and in high schools by the County 
Board, for one school year, but may be removed by the sams 
authority at any time subject to the approval of the County 
Superintendent, for incompetency, neglect of duty or immoral 
conduct. 

C. (a) No teacher holding a third grade elementary 
certificate 'shall be paid a salary of less than twenty-five or 
more than thirty dollars per school month from the State 
school fund. 

(b) No teacher holding a second grade elementary cer- 



52 

tificate shall be paid a salary of less than thirty or more than 
forty dollars per school month from the State school fund. 

(c) No teacher holding a first grade elementary certifi- 
cate shall be paid a salary of less than thirty-five nor more than 
s'xty dollars per school month from the State school fund. 

(d) No teacher shall be paid more than the minimum 
salary for the grade of certificate held except for such months 
as the average attendance of pupil children shall equal or 
exceed two-fifths of the census enrollment in the subdistrict. 

7. Contracts for the service of all teachers shall be 
in writing, signed in duplicate by the teacher and by the 
Chairman and Secretary of the employing Board. 

8. Teachers shall faithfully enforce in school the course 
of study, the use of the adopted text-books, and 
the regulations prescribed by law. But no teacher shall be 
required, or under^ any obligation, to teach any other than 
the common school branches prescribed by the State Board 
<»f Education for the common schools, unless it shall be so 
specified in a written contract with the Division Board. 

9. If any teacher shall wilfully refuse or neglect to 
comply with the school law or the regulations of the State 
Board, the employing Board may remove him at any time, 
subject to the approval of the County Superintendent, and in 
case of such removal, the said teacher shall receive payment 
only for the time taught. 

10. The teacher is authorized and contracted to hold 
each pupil to a strict accountability for any disorderly con- 
duct on the play-ground or during any intermission or recess 
cr on the road from school. For good cause he majT- suspend 
any pupil, but such suspension shall be reported immediately 
in writing to the chairman of the Division Board. In cases 
of suspension, the action of the teacher shall be final, unless 
reversed by the Division Board. Either party may nppeal 
from the decision of the Division Board to the County Super- 
intendent, whose decision shall be final. 

11. When any infectious or eontagious disease shall ap- 
pear in any family in any subdistrict, or independent district, 
no member of such family shall attend any school until the 
written consent of the trustee or chief officer of the Board 
has been filed with the teacher. 

During the prevalence of dangerous epidemics in any sub- 
district, or independent district, the Chairman of the Division 
Board, or of the Board of Trustees thereof, shall order the 
school closed; but the teacher shall not be required to lose 
the time of this forced suspension unless so stipulated in his 
contract. 



53 

12. Every teacher of the common schools, including 
teachers of all graded schools outside of cities of the first, 
second, third and fourth classes, who holds a certificate of 
any class or grade, or contemplates applying for a certificate 
to teach in the common schools, shall attend the full session 
oj" the institute in his home county, unless he is teaching in 
another county in which the institute is yet to be held, or has 
attended the institute of the county in which he has a con- 
tract to teach, or a summer school approved by the State 
Board of Education. 

13. It shall be the duty of each principal of a common 
school to keep such register of the school as the State Super- 
intendent may require of and furnish to him, through the 
(.'ounty Superintendent. The teacher's register shall be the 
property of the subdistrict; shall be systematically graded 
for at least four years' work; shall be well preserved, without 
mutilation or useless marking; shall be in the care of the 
teacher during the school term, and at the close thereof, shall 
be delivered to the Chairman of the Division Board, who shall 
be responsible for it, and deliver it to the teacher at the open- 
ing of the next school term, and it shall be open at all times 
to the inspection of the trustee and the County Superintendent. 

14. Each principal shall be furnished, by the County 
Superintendent, with a blank monthly report for each month to 
be taught, and also a blank term report. At the end of each 
month taught, the principal shall fill out the monthly report 
of that month from the facts summed up in the monthly sum- 
mary of the register, and shall present the monthly report to 
the trustee of the subdistrict, who shall carefully examine it, 
and if found correct he shall, if requested by the principal, fill 
out and sign a certificate attached to the monthly report, cer- 
tifying that the month has been legally taught; and upon the 
trustee's certificate the principal and such assistants as may be 
legally entitled thereto shall dr&w their salary from the County 
Superintendent for the month so certified, after the monthly 
report has been duly delivered to the County Superintendent. 

15. Within ten days after the close of the last month 
of the term, the teacher shall make out the term report from 
the term summary in the register; shall present the term re- 
port, the last monthly report, and the teacher's register to 
the trustee, who shall carefully inspect them and approve the 
report, if correct, make out the trustee's annual report, and 
shall then give the teacher certificates for the month or months 
not previously certified, and shall place the trustee's annual 
report in the teacher's hands for delivery to the County Super- 
intendent. Nothing herein shall be construed to prevent a 



54 

trustee from certifying to, or a county superintendent from 
paying for, a fraction of a month in any case in which the 
teacher, from sickness or other disability, shall be unable to 
continue the school. 

16. Any teacher who shall make a false mpoithly or term 
1 eport, or any chairman who shall give a certifio^te ol.a month 
or months taught before he has carefully examined and ap- 
proved the report for each month, or any county supeirintend- 
ent who shall make a payment upon a teacher's salary, except 
upon the chairman's certificate, shall be guilty of a misde- 
meanor, and upon conviction, be fined fifty dollars for each 
offense. . , , 

' Pupils, 

17. Ail pupils whti may be admitted to common schools 
shall comply with the regulations established in pursuance of 
law for the government of ^tich schools. Wilful disobedience 
or defiance of the aiithbi^ity-' of the teachers, habitual profanity 
or vulgarity, or other gross violation of * propriety or law, 
shall constitute good cause for' suspension or expulsion from 
school. '' ■■i • • 

18. Whenever a' piipil of any common school shall have 
faithfully completed the prescribed course of study and re- 
ceived a certificate of good nibrkl character from the teacher, 
shall have passed a satisfactory examination before the couhty 
board of examiners on a series of questions prescribed by' 
the State Board of Education, and paid to the said couhty 
board an examination fee of one dollab, he shall be entitled 
to a certificate of such completion and examination, sighed' 
by the county board, and approved by the Superintendent of 
Public Instruction who shall affix thereto his official seal.' 
The Superintendent of Public Instruction shall prepare a prop- 
er form for said certificate. One such examiriatioii shall be 
held m each county on the last Friday and Saturday in Jan- 
uary, March and May of each year. 

Parents. ] 

19. Every parent, guardian or other person in the State 
of Kentucky having control of any child or children between 
the ages of seven and fourteen years, shall be required to 
send such child or children annually to some public or private, 
day or night school for children, in accordance with the law 
for enforced attendance. 

20. All laws and parts of laws in conflict with the pro- 
visions of this article are hereby repealed. 



55 



ARTICLE XI. 



COUNTY INSTITUTES. 
White Teachers. 

1. In eveiy co'imty in the State there shall be held an- 
imally an institute for the normal instruction, improvement 
and better qualification of the white teachers of the county, 
except as hereinafter provided. These institutes shall be im- 
der the direction of the State Board of Education and the 
County Superintendent of the county in which the institute 
is held, and shall be held for not less than five consecutive days' 
on such dates as may be selected by the County Superintend- 
ent and approved by the State Board. 

2. The State Board of Education shall determine the' 
qualifications of institute instructors in such manner as it 
may deem wise, and shall issue licenses to those who meet its 
requirements. No salary shall be paid to any institute in- 
structor who does not hold such license. - - ■■ 

3. Every white teacher of a common school, including 
teachers of all graded common schools outside of cities of the 
first, second, third and fourth classes, who holds an elementary or 
high school certificate of any grade, or who contemplates ap- 
plying for a certificate to teach in the common schools, shall 
attend the full session of the institute in his home county, 
unless he is teaching in another county in which the institute 
is yet to be held, or has attended the institute of the county 
in which he has a contract to teach, or a summer school ap- 
l)roved by the State Board of Education. In any case, the 
teacher must attend the full session of the institute, or sum- 
mer school, and it shall be unlawful for the County Superin- 
tendent to recognize the certificate of any teacher who shall 
fail to attend the full session, unless satisfied that such failure 
has been caused by actual sickness or other disability. After 
the county institute has been held, it shall be unlawful to 
grant any person a certificate to teach at any time during that 
school year, unless the said person shall have complied with 
the provisions of this section. 



56 

4. During the institute there shall be a suspension of all 
schools whose teachers are in attendance on the county instil 
iiite, but no reduction of teachers' salaries shall be made on 
account of such suspension. The time of actual attendance 
upon the institute in days and parts of days shall be credited 
to the teacher, if the institute be held during the session of 
his school. At the close of the institute, the County Superin- 
tendent shall give to each teacher or other person in attend- 
ance a certificate of the number of days and parts of days 
that the teacher or other person has attended, which certificate 
of attendance shall be filed by the teacher with the trustee of 
the subdistrict, or the Chairman of the Board of Trustees 
of the graded school district, who shall make report thereof to 
the County Superintendent at the time of reporting the school, 

5. At the request of the County Superintendents inter- 
ested, and with the approval of the State Board of Educa- 
tion, a joint institute may be held by adjoining counties, not 
exceeding four in number, provided that the County Superin- 
tendents of all the counties concerned shall agree upon the 
plans necessary to the purpose; thfit each of them shall at- 
tend the full session of the said joint institute, and keep the 
record provided in section 6, and that at least two abie and 
experienced instructors shall be employed, if more than two 
counties are combined. 

6. The County Superintendent shall be present at the 
entire session of the institute in his county ; shall keep a strict 
daily register of the presence, absence and tardiness of the 
teachers and other members, and of the exercises of the insti- 
tute, and after the close thereof, shall have the proceedings 
published in such local papers as will do this without charge, 
and one copy shall be forwarded tothe office of the State super- 
intendent of Public Instruction. He shall pro-rate thenecessary 
incidental expenses of the institute, outside of the instructors ' 
salaries, among the teachers and other persons in attendance 
on the institute. 

7. In selecting a place for holding the teachers' insti- 
tute, the County Superintendent shall consider the convem- 
ence of access and accommodations for teachers, and shall 
endeavor to make the best possible arrangements for econo- 
mizing and reducing the expenses of teachers while in attend- 
ance. He shall notify each teacher of his county by mail at 
least twenty days before the institute begins, of the time and 
place of holding it, and shall direct the trustee of each sub- 
district to post notice thereof. 

8. During the session ol the iustitute, there shall be 
held a county teachers' association, and one hour in the aft- 



57 

ernoon or night meeting shall be daily set apart for this pur- 
pose. The association may be composed of all the officers 
and teachers of common schools present, and shall be called 
together by the County Superintendent, who shall be ex- 
officio president. The object of such association shall be, 
primarily, to discuss and devise the best ways and means 
of promoting the interests of education, the improvement of 
teachers, and the methods of teaching and especially to de- 
vise means for securing bettel school houses, better attendance, 
and local aid for commton schools. The said association shall 
be a permanent organization, with one vice-president for each 
educational division to be elected or appointed ; and shall hold 
at least one meeting in each educational division, besides the 
meeting at the institute, during the first six months Om oitch 
school year. Every teacher shall attend at least the meeting 
held in the educational division in which he shall teach, and 
upon failure to do so, shall teach an additional day during 
the school month following such failure, unless he shall 
satisfy the County Superintendent that such failure was caused 
by sickness or other actual disability. The County Superin- 
tendent shall attend each meeting of the association, and shall 
prepare or have prepared a programme of exercises there 
for. 

9. The County Superintendent shall, at the time of 
making his annual report to the Superintendent, report there- 
in the time and place of holding the teachers' institute, the 
name of the person or persons conducting the same, the number 
of persons registered as in attendance, the number of teach- 
ers of comlmon schools in the county who did not attend the 
institute and teachers' association; and such other facts as he 
may deem of value and interest. 

10- The State Board of Education shall make an annual 
appropriation to each county of one hundred dollars from the 
State school fund for the purpose of paying the salary of a 
licensed institute instructor or instructors, which amount 
shall be paid by the State Superintendent to said instructor 
or instructors on the affidavit of the County Superintendent 
that the institute has been conducted in accordance with law 
and the regulations of the State Board. 

Colored Teachers. 

11. To meet the needs of colored teachers, the State shall 
be separated by the State Board of Education, along county 
Imes, into so many institute districts, not to exceed ten, as 
will enable the colored teachers to attend said institutes most 



58. 

conveniently and economically, provided tliat no district shall 

contain less than or more than teachers. 

Such institutes shall be conducted under the direction of the 
State Board through its inspectors or some other person or 
persons appointed by the Board, who shall perform the duties' 
assigned to county superintendents in the conduct of white 
institutes and make reports to the respective county superin- 
tendents of the counties composing the district or districts 
in which he has conducted such institutes. 

12. These institutes shall be conducted under the same 
rules, regulations and penalties as institutes for white teach- 
ers, except as herein provided. 

13. No fees of any nature shall be collected from teach- 
ers or other persons in attendance upon these institutes, but 

the sum of hundred , dollars, or so much thereof as 

may be necessary, is hereby appropriated from the State school 
fund to cover the salaries of instructors and the necessary 
incidental expenses, which sum shall be apportioned among 
the districts by the State Board and paid by the State Super- 
intendent on the affidavit of the institute conductor that the 
accounts are correct and that the institute has been conducted 
in accordance with law and the regulations of the State Board. 



59 



ARTICLE XII. 



GRADED COMMON SCHOOLS. 

- 1. Whenever a written petition for a graded common 
school district setting out the boundaries thereof, signed by 
at least ten legal voters who are tax-payers within the limits 
of the proposed district, and approved by the County Board 
as attested by the signature of the Chairman thereof, and by 
a majority of the trustees of any commion school subdistricts 
included wholly or in part within the boundary of said proposed 
graded common school district, shall be presented to the County 
Judge of any .county in this Commonwealth, it shall be his 
duty at the next regular term of his court, after he shall have 
received said petition, to make an order on his order book 
and to direct the sheriff or other officer whose duty it may be 
to hold the election, to open a poll in said proposed graded 
school district at the next regular State, county or city elec- 
tion to be held therein, or on any other day fixed by said 
Judge in said order; in either case not earlier thanforty days 
from the date of said order. All expenses incurred for holding 
said election shall be paid by the fiscal court of the county. 

■ 2.; Before, approving any petition for the establishment 
of a' graded common school district in any county, the County 
Board of Education of such county shall carefully consider 
the interest and welfare of the pupil children and of the tax- 
payers of the county at large, and no petition shall be; ap- 
proved, except for cities of the fifth and sixth' classes, which 
materially decreases the income or lessens the opportunity 
to children in the remaining portions of the county. 

3. The election shall be for the purpose of taking the 
sense of the legal white voters within, said proposed district 
as t5 whether or not an annual tax sliall be. levied in any sum 
named in said order not exceeding fifty cents on each one hun- 
dred dollars" of . property assessed, in said proposed district 
belonging to said white persons or corporations, and a poll 
tax in any sum named in said .order not exceeding one dollar 
and fifty cents per capita on each, white male inhabitant over^ 
trWenty-one years of age residing in said proposed district, if 



60 

Sv!' stated in the orclei';, for the purpose of establishing and 
maintaining a graded common school in said proposed dis- 
trict and for erecting, purchasing or repairing suitable build- 
ings therefor, if necessary : Provided that no point on the 
boundary of any proposed graded common school district 
shall be m'ore than two mWes and a half from the site of its 
proposed schoolhouse, and that the location and site of said 
schoolhouse in said district are set out with exactness in said 
petition to the County Judge. 

4. It shall be the duty of the county court clerk to 
give to said sheriff or other officer a certified copy of the 
order of the judge of the county court as it appears in his 
crder book within ten days after said order is made. 

5. It shall be the duty of said sheriff' or other officer 
to have the order of the County Judge printed in some weekly 
or daily newspaper published in the county for a period of 
at least twenty days before the election, and also to advertise 
same by printed or written hand-bills posted at five or more 
conspicuous places in said proposed graded school district for 
the same length of time : but if there be no daily or weekly 
newspaper published in the county, the printed or written 
hand-bills posted as before provided shall be sufficient notice. 
The said sheriff or other officer shall have the advertisements 
.inserted and the notices posted within ten days after he re- 
ceives the order of the County Judge. 

6. The said sheriff or other officer shall appoint a judge 
and clerk of the said election who shall make and su^scrlDe 
to an oath for the faithful performance of their duties. On 
the day set apart for the election, the officers shall open a 
poll, between the hours of one and five o'clock p. m., and 
shall propound to each qualified voter the question, by ballot, 
"Are you for or against the graded common school tax?" 
And his vote shall be recorded for or against same as he may 
direct. 

7. At the same time and place, and under the direction 
of the same election officers and by the same electors, an 
election shall be held for five trustees of the proposed graded 
school district, and the five persons receiving the highest num- 
ber of votes cast shall be declared trustees elect ; provided a 
majority of the votes cast in the graded school tax election 
were in favor thereof. 

8. If it shall appear that a majority of the votes cast 
at said election were in favor of said tax, then it shall be the 
duty of the County Judge to cause the certificate of the ex- 
amining boa,rd showing the amount of tax voted and the names 
of the five persons elected to be recorded in the order book of 



61 

bis court, and to give a copy thereof to the County Superin- 
tendent who, in connection with the trustees, shall organize 
a graded common school in said district in accordance with 
the provisions of this law. But if it shall appear that a ma- 
jority of the votes were cast against said tax, then said tax 
shall not be levied or collected, or said district organized, but 
the question of voting said tax, after the expiration of two 
years from the first or any subsequent vote, may be again 
submitted to the qualified voters of said district upon the 
conditions and in the manner prescribed for the first vote. 

9. If at any t'.me, two years having intervened since 
such graded common school district was established, it be- 
comes desirable to change the boundary of the same, it shall 
be the duty of the Cdtinty Judge, upon the written petition 
signed by the person or persons desiring to be changed, who 
are under this law qualified voters in the school cjistrict or 
subdistriet concerned, and who at the same time own the real 
estate sought to be transferred, to make an order on his order 
book at the next regular term of his court, after having re- 
ceived said petition, fixing the "new boundary of the said 
graded common school district as agreed upon by the County 
Judge and the petitioners. Such petition to be valid shall set 
out in full the new boundary of the district, which shall be 
recorded as in case of the original boundary, and a copy of 
the same shall be furnished the Board of Trustees of said 
graded common school district; but no such change shall be 
made unless said petition shall be approved in writing by a 
majority of the Board of Trustees of the graded school dis- 
trict or districts, and by the trustee or trustees of the subdis- 
Lricts concerned as well as by the County Superintendent. 

10. If the territory of any graded common school dis- 
tiict as provided by this act, shall include any common school 
house and grounds, the title thereto shall vest in the Board 
of Trustees of such graded common school district, who shall 
have the right to either utilize the same for school purposes, 
or sell and convey same at such price as they may determine, 
and use the proceeds for school purposes in said district: 
Provided, however, if the taking of such school house and 
grounds into such graded common school district shall neces- 
sitate 'the building of another house for any common school 
subdistriet affected by taking the same, the graded common 
school district taking such property shall pay to the common 
school subdistriet in which such new house is to be built the 
proportion of the value of the house and grounds taken, as 
the pupils left in the common school subdistriet affected bear 



62 

to the whole number of pupils in such subdistriet at the time 
such change is made. 

11. Whenever the creation of a graded common school 
district under this act involves a change of boundaries in ad- 
jacent subdistricts, the Board of Trustees and the County 
Superintendent shall agree upon a date for such change, and 
in the meantime shall make all necessary provisions for the 
accommodation of pupils affected thereby. 

12. "Within thirty days after election, the trustees elect, 
after making oath faithfully to perform the duties required 
under this law, shall meet and organize as a body corporate 
by electing officers, and as such shall be named and styled, 

* ' The Board of Trustees of the Graded Common 

School District," and by and in that name may sue and be 
sued, purchase, receive by gift, devise or otherwise, hold and 
sell property, and do all other things necessary to accomplish 
the purpose for which such graded school district is organ- 
ized, and the title to all such property shall vest in said Board 
of Trustees and their successors in office to be held sacred 
for the use and benefit of said graded common school district. 

13. The Board, as thus organized, shall divide its mem- 
bers by law in such manner as they shall determine into three 
classes of one, two and two members respectively: The first 
class to serve until the second Saturday in May following the 
first election ; the second class to serve for one year, and the 
third class to serve for two years after that date. After the 
first election, the classes shall be elected in rotation, one class 
annually to serve for three years, or until their successors are 
elected and qualified. 

14. Any vacancy in said Board, from whatever cause oc- 
curring, shall be temporarily filled by the other members of 
the Board as soon as practicable after such vacancy occurs. 
The member thus elected shall hold office for the remainder 
of the term for which his predecessor was elected. 

15. After the first election provided for in this law has 
been held, and the, graded common school district organized, 
the Board of Trustees shall appoint the officers to hold all 
other elections. These officers shall take the same oath and 
be subject to the same penalties as officers holding State or 
county elections, but they shall make returns of poll books and 
certify the result of elections to the Board of Trustees, who 
shall examine and compare the same, and issue the necessary 
certificates. 

16. The Board of Trustees shall annually elect from its 
jnembership a President who shall preside at the meetings 



63 

and perform sticli other duties as usually pertain to the office, 
or may be prescribed by law. 

17. The Board shall annually elect from its member- 
ship a Secretary who shalL keep a faithful record of the pro- 
ceedings of the Board. Said record shall be signed by the 
President, or, in his absence, by the President pro tempore and 
by the Secretary, and shall, at all times, be open to inspection 
uf persons concerned. The Secretary shall sign all warrants 
'c.nd make such reports to the State and County Superintend- 
ents as are required by the State Board of Education; shall 
X)ublish annually such information as will show the financial 
condition of the graded common school district and such other 
facts as the Board of Trustees may deem beneficial to the 
cause of education in the district. 

18. The Board of Trustees shall elect a Treasurer for said 
graded common school district, who shall qualify by taking 
oath faithfully to perform the duties of his office and by exe- 
cuting bond, with sureties approved by the County Court, 
for double the estimated amount of funds to be handled by 
him during the year. Said bond shall be payable to the Com- 
monwealth of Kentucky for the use and benefit of the Board 
of Trustees of said common school district. To the Treasurer 
shall be paid the district's proportion of the State school fund 
when received by the County Superintendent, all funds aris- 
ing from the sale of bonds under this law and all funds col- 
lected for the purpose of defraying the annual expense of 
said school, and for the payment of principal and interest 
on said bonds, or for any other purpose, and he, together with 
his sureties, shall be responsible therefor. He shall pay out 
said funds only for the purposes for which they were respect- 
ively collected, and upon the written order of the President 
and Secretary of the Board of Trustees, at the end of the 
fiscal year he shall make to the Board a full and comprehen- 
sive report ofthe financial affairs of the preceding year, and 
shall make such reports at such other times as the Board may 
direct. His compensation shall be fixed by the Boara in a 
reasonable sum. 

19. The Board of Trustees may adopt such rules and by- 
laws not in conflict with this law as may be deemed necessary 
for the government of itself and its appointees, and for the 
control and management of the graded common school in 
the district. 

20. The Board of Trustees of any graded common school 
district where the tax has been voted shall cause to be levied 
and collected an annual ad valorem tax in any sum not ex- 
ceeding the amount voted in said district under this law, upon 



64 

each one hundred dollars worth of property of every kind and 
character having value and owned by any white person, com- 
pany or corporation subject to taxation within the limits of 
said graded common school district ; and shall cause to be 
levied annually a poll tax in any sum not exceeding the amount 
voted in said district under this law, on each white male cit- 
izen over twenty-one years of age residing within the limits 
of said district, if so voted at said election; provided that no 
levy shall be made under the provisions of this law later than 
the close of the fiscal year in which the last county assess- 
ment shall have been made. 

21. The Board of Trustees is authorized and empowered 
to use such part of the proceeds of such tax as they may deem 
necessary for the purpose of suitable grounds and buildings, 
or for the erection or repair of buildings and for all other 
expenses needful to maintain a good graded common school 
in the district, 

22. If it be necessary in the opinion of the Board of 
Trustees of any graded common school district, the said Board 
is hereby authorized and empowered to order an election and 
submit to the qualified voters of said district the question 
v/hether or not the Board thereof shall issue bonds of the 
said district in any amount not exceeding the limit provided 
by sections 157 and 158 of the present Constitution of Ken- 
tucky, for the purpose of providing suitable grounds, school 
buildings, furniture and apparatus for the said district ; pro- 
vided that due notice of said election shall be given by the 
Board by written or printed posters not less than one foot 
square, signed by the officers of the Board, and stating the 
time, place and hours of said election, posted at not less than 
six conspicuous places in the district for ten days previous to 
the day of election, and by one insertion of such notice in a 
newspaper, if there be any published in said district. 

23. To hold said election, the Board shall appoint two 
judges, a clerk and a sheriff, who shall be housekeepers ancl 
taxpayers resident in the district for which they are ap- 
pointed, and shall be duly sworn before entering upon their 
duties. One of the judges shall ask of each voter, **Are you 
in favor of the issue of bonds by the Board of Trustees of the 
graded common school of this district for the purpose of pro- 
viding suitable grounds, school buildings, furniture and appa- 
ratus for this district r' And the clerk shall record the an- 
swer ''yes" or "no," as given by the voter. If two-thirds of 
the voters voting in said election vote in favor of the issue 
of the bonds, then the Board of Trustees of such graded com- 
mon school district may issue bonds of said district for an 



65 

amount not exceeding the constitutional limit and in conform- 
ity with the Constitution. 

24. For the purpose of meeting the intei'est on such 
bonds and creating a sinking fund for the payment of the 
pi'incipal thereof, the Board of Trustees of said district is au- 
thorized and empowered to levy annually a tax, in addition 
to that already voted, which shall not increase the tax rate for 
school purposes in said district to more than seventy-five cents 
on each one hundred dollars worth of taxable property with- 
in the district. The said bonds may be of any denomination in 
even hundreds not exceeding one thousand dollars each, run- 
ning not exceeding thirty years and bearing interest at a rate 
not exceeding six per cent, per annum, payable annually or 
semi-annually, as expressed in said bond, payable to bearer, 
with interest coupons attached. They shall be signed by the 
President of said Board of Trustees and attested by the Sec- 
retary thereof ; shall pass by delivery and shall be redeemable 
at the option of said Board. Said bonds shall be sold by the 
trustees or their authorized agents for the highest price ob- 
tainable, but not for less than their face par value and accrued 
interest, and the proceeds shall be paid over to the Treasurer* 
and applied to the uses and purposes contemplated in this 
law. 

25. '^A'henever the Board of Trustees of any graded com- 
mon school district shall, on its minute book, enter an order 
levying an ad valorem or per capita tax, or both, in accord- 
ance with the provisions of this law, the Secretary of th^ 
Board shall transmit to the county clerk a certified copy of 
sai'i order and a list of all persons, companies or corpora- 
tions within the boundaries of the district who are liable for 
such taxes. The said county clerk shall then make out for 
the use of the sheriff or collector, in a book, a correct list 
of all tithes and taxable property as assessed and supervised, 
and shall deliver the same to the sheriff or collector on or be- 
fore the first day of March and take his receipt therefor, and 
at the same time he shall transmit to the Secretary of the 
Board of Trustees of the graded common school district a 
certified copy of said list. It shall then become the duty of 
the sheriff of the county under his official bond to collect such 
tax at the same time and in the same manner as State and 
county taxes are collected, and to pay the same over to the 
treasurer of the Board of Trustees for the benefit of the 
graded common school district voting such tax; and for this 
service and said sheriff shall receive as compensation five per 
cent, of the iamount collected. 

26. The Board of Trustees shall, by order, set apart out 



66 

(v:: the collections of each levy a sufficieut amoimt to pay in- 
terest for the year on any bonds issued, which interest shall 
be paid by the Treasurer: and shall in addition, out of the 
several levies, until the entire payment of such bonds, set aside 
a sinking fund, sufficient when aggregated, to meet the prin- 
cipal of the bonds at maturity. This sinking fund shall be 
kept loaned with ample security, or profitably invested, and 
shall be used for no other purpose than the payment of the 
principal of such bonds, but if the Board shall order, the sink- 
ing fimd or any part thereof, may be used in the purchase 
of such bonds before maturity, except a sufficient reserve to 
pay interest on the outstanding bonds. 

27. All indebtedness, bonded or otherwise, and all lia- 
bilities and contracts of the Board of Trustees, existing at 
the time this law takes effect, and all taxes, iunds, sinking 
funds, or other resources that have been pledged or set apart 
for the payment of the principal and interest thereof, shall 
continue unimpaired and remain of the same force and effect 
a e though the same had been authorized and contracted fey the 
express provision of this law. 

28. Whenever .it is desired to unite school subdistricts 
of adjacent counties for the purpose of establishing a. graded 
common school district, it shall be the duty of the County 
Judge of each of the counties concerned, upon written peti- 
tion setting forth the boundaries of the proposed district 
signed by at least ten legal voters of the eounty and approved 
by the County Board and trustees as provided in the fore- 
going sections of this article, provided concurrent action has 
been agreed upon by the other county, to make an order on 
bis-tjrder book at the next regular term of his court fixing 
the boundary of the proposed graded common school dis- 
trict as agreed on by the judges and petitioners of the coun- 
ties concerned, and to direct the sheriff or other officer, whose 
duty it may be to hold the election, to open a poll in that por- 
tion of the county included within the boundary of the pro- 
posed graded common school district, on some day agreed 
upon by the judges of the respective counties and stated in 
said order, for the purpose of taking the sense of the qualified 
white voters in said proposed district as to whether or not they 
will vote a tax, elect trustees and organize a graded common 
school district as provided in the foregoing sections of this 
article, except that three trustees instead of five shall be elected 
by the voters of each county. 

29. If it shall appear that a majority of the votes cast 
at the said election were in favor of said tax, then it shall 
be the duty of the County Judge representing the largest 



67 

division of said district to caiise the certificate of the exam- 
ining board showing the amount of tax voted and the names 
0^ the six trustees elected to be entered of record in the order 
book of his court, and to give a copy thereof to the County 
Superintendent of his county who, in connection with the trus- 
tees, shall organize a graded common school in said district 
in accordance with the provisions of this law. The district so 
established shall belong to the county in which the largest 
division lies, and all laws in force for the organization and 
government of graded common schools and not in conflict 
with the provisions of sections 28 and 29 shall apply to graded 
common school districts formed from territory in adjacent 
counties. 

30. The Board of Trustees t)f any graded common school 
district may prescribe the branches to be taught in said graded 
school other than those required by law in the common schools, 
and shall employ the necessary officers and teachers for the. 
conduct of the school : shall fix their compensation, and may 
suspend or dismiss thesa. Every teacher of a graded common 
school shall be required to keep a register as prescribed for 
teachers of other common schools, which register, at the close 
of the term, shall be deposited with the President of the Board 
of Trustees who shall be responsible for it and return it to 
the teacher at the opening of the next school term. From the 
registers in the hands of the several teachers in a graded com- 
mon school, the principal shall, within ten days after the close 
of the school, make a report to the County Superintendent on 
blanks provided by him. 

31. All white children within the common school age 
residing in^ any graded common school district shall have 
the right of free admission to the graded common school 
thereof. 

32. The Board may admit into said graded common 
school children residing outside of the said district, or per- 
sons over the common school age on such terms and condi- 
tions and upon the payment of such tuition and other fees as 
it may deem proper. 

33. It shall be the duty of the Board of Trustees of each 
gi'aded common school district annually during the month of 
April to take, or cause to be taken, an exact census of all 
the children that reside in such district on the first day of 
April who will be on the first day of July following between 
the ages of six and twenty- years, and to make report to the 
County Superintendent and county clerk as required of sub- 
district trustees by article , section The cen- 
sus taker shall be allowed and paid from the district school 



68 

f and the sum of five cents per pupil child reported in such 
census. 

The powers, duties, restrictions and penalties for all per- 
sons concerned in the taking of such census shall be identical 

with those provided by law in article r, section 

for school subdistricts. 

34. The provisions of this law shall apply to such graded 
common school districts as may be applied for and organized 
by the colored people of this Commonwealth, and such dis- 
tricts and graded schools may be organized by them, in all 
cases, in the same manner as the white districts herein pro- 
vided for. In that case the word ' colored "is to be substi- 
tuted for the word "white" wherever it occurs in this article. 
No white person shall vote at any election held by the colored 
people under the provisions of this law ; nor shall the property 
of any white person be taxed to m^aintain any graded com- 
mon school for colored children; nor shall the property of any 
colored person be taxed for the benefit of any graded com- 
mon school for white children; nor shall any white child at- 
tend any graded common school for colored children organized 
under the provisions of this law ; nor shall any colored child 
attend any graded common school for white children. 

35. Any graded common school district established as 
herein provided may be abolished at any time by the county 
court of the county in which it or its school building is lo- 
cated, on the petition of its Board of Trustees, or on the peti- 
tion of a majority of the qualified voters therein after a hear- 
ing, of which due notice shall be given as the court may direct 
to the voters of the district, and the territory included in 
said graded common school district shall become a school sub- 
district of the county subject to all the provisions of the law 
governing such subdistricts; Provided that any buildings, 
equipment or other property acquired by the said graded 
school district through district taxation, shall be held by the 
County Board for the sole use and benefit of such subdistrict, 
and if said property be sold or otherwise diverted from the 
original purpose by said Board, suitable remuneration shall 
be miade to the subdistrict through the county court ; and pro- 
vided further, that if there be any bonded or other indebted- 
ness resting on the said graded common school district, the 
county court shall appoint a receiver for the said district and 
require the sheriff to collect so much of the levy already voted 
by the district as may be necessary to meet the interest and to 
pay the bonds as they fall due, or to pay such other indebted- 
ness the the district may have incurred., 

36. All special acts of previous General Assemblies es- 



69 

tablisliing independent common school districts (commonly 
known as special charter districts) outside of cities of the first, 
second, third and fourth classes are hereby repealed, and all 
such districts abolished after July 1, 1911; but previous to 
this date, any such independent district may call an election 
as provided for graded common school districts, and by a 
majority vote of the qualified voters of the district, accept 
the provisions of the act governing graded common school 
districts in lieu of the special charter under which it has 
been operated. If the qualified voters of said independent dis- 
trict refuse to call such an election, or if a majority of the 
votes east are against the proposition to establish a graded 
common school district, then the territory included in said in- 
dependent district shall become a school subdistrict of the 
county subject to all the provisions of the law governing such 
subdistricts. But the provisions of section 35, affecting the 
property rights of any graded school district relinquishing its 
privileges as such, shall apply with equal force to any inde- 
pendent district abolished by this act. 

37. All laws and parts of laws in conflict with the pro- 
visions of this article are hereby repealed. 



LIBRARY OF CONGRESS 



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